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Judgment
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
“A. That this Hon'ble Court may be pleased to issue writ in the nature of Mandamus or any other appropriate writ, order or direction to the Respondents to grant/released the arrears of pension allowances @ 5% for the period 2016 to 2021 and 10% for the period 2022 to 2025.
B. That this Hon'ble Court may kindly be pleased to direct the respondents to decide the representation filed by the petitioner in light of the Office Memorandum issued by the Govt of H.P dated 23/04/2014. (Annexure P-1)”
When then matter was taken up for consideration today, learned counsel for the respondent-Corporation handed over instructions dated 18.05.2025, received from Financial Advisor, Chief Accounts Officer, HRTC, Shimla. Along-with the instructions, communication dated 30.07.2025 is also appended, which reads as under:-
“I have the honour to request that first installment of Rs. 21642/-(Rs. Twenty One Thousand usand Six Hundred Forty Two) only may be disbursed with immediate effect out of total payment of Rs. 108206/-on account of Pension Allowances arrears @ 5% 10% & 15% in pre revised/revised pay scale on attaining the age of 65/70/75 years w.e.f. 01.05.2016 to 31.01.2025 to Sh. Rangil Singh, Inspector (Retd) Holder of PPO NO: HRTC-2377, and remaining amount of pension arrears will be disbursed to him in four Installments @ Rs 21641/- each in the month of July, 2026, July 2027, July 2028 and July 2029 alongwith monthly pension, as per instructions dated 07.01.2012 issued by the State Govt. The above pension allowance amount may be debited from HRTC Pension Account No. 20002001515.”
Perusal thereof demonstrates that all that was payable to the petitioner was an amount of Rs.1,08,206/- and out of this, first installment of Rs. 21,642/- has been paid to him. The remaining amount in terms of this communication is to be paid by the Corporation as per the instructions of the State Government dated 07.01.2012. To be more specific, in terms of this communication, the balance of Rs.86,254/- is to be released in favour of the petitioner in four installments of Rs.21,641/- each, in the month of July 2026, July 2027, July 2028 and July 2029.
This Court is of the considered view that when the amount in issue is payable to the petitioner today, it makes no sense to defer the payment thereof and that too up to July 2029. The financial restraints and constraints of the respondent-Corporation cannot be stretched to such levels that a meager payment of Rs.80,254/- is to be denied to an incumbent in a single installment as has been done in the present case.
The petitioner is stated to have superannuated as an Inspector and that too as far back in the year 2009. The Corporation would be well advised to make such payments forthwith, which are not much and can be paid in one installment by the Corporation. Even where the amount involved is on the higher side and is to be paid in installments, then the duration of the installments has to be reasonable and the same cannot be stretched up to 3 or 4 years.
With these observations, this petition is disposed of with the direction that the balance amount which is payable to the petitioner, be positively released to the petitioner, either in installments or otherwise, on or before 31.08.2026. Pending miscellaneous application(s), if any, also stand disposed of accordingly.
Footnotes
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