High CourtsDivision Bench(2011) 12 SHI CK 0049

Ramna Kumari vs State of H.P. and The Director of Education, H.P. Shimla-1

High Court Of Himachal Pradesh · Decided on 19 December 2011

HON’BLE JUDGES
Kurian Joseph, J · Dev Darshan Sood, J
CASE NUMBER
CWP No. 4154 of 2011

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Judgment

7 paragraphs · 272 words

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

A. That the respondents may kindly be directed to take into account the period of service rendered w.e.f. 10.3.1981 to 11.3.1996 by ignoring the fictional break in the total period of service for the purposes of calculating/determining pensionary/retiral benefits.

B. That this Hon''ble Court may kindly be pleased to direct the respondents to revise the orders pertaining to the pension DCRG and leave encashment etc. in respect of the petitioner pursuant to the grant of prayer (a) with further directions to calculate the arrears accordingly and to pay the same along with interest @ 9% per annum.

2.

According to the petitioner, the issue is covered in her favour by the judgment of this Court rendered in LPA No.36 of 2010, Sita Ram vs. State.

3.

Learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. Petitioner submits that she would file appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for her to do so.

4.

Therefore, the writ petition is disposed of directing the respondent concerned to examine the matter, after verifying the facts, in the light of the judgment referred to above and take appropriate action thereon within a period of four months from the date of the production of a copy of this judgment along with a copy of the writ petition and the copy of the judgment referred to above.

5.

The writ petition is disposed of, so also the pending applications, if any.