Himachal Pradesh High Court
Joga Singh & Others vs State Of H.P. & Others on 1 August, 2019
Bench: Dharam Chand Chaudhary, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Execution Petition No. 12 of 2019.
.
Decided on: 1st August, 2019 Joga Singh & Others ......Petitioners.
Versus State of H.P. & Others ....Respondents.
Coram The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge. The Hon'ble Mrs. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 No. For the petitioner : Mr. Adarsh K. Vashishta, Advocate.
For the respondents : Mr. Narinder Guleria, & Mr. Vikas Rathore, Addl. A.Gs.
with Mr. Manoj Bagga, Asstt. A.G. Dharam Chand Chaudhary, J. (oral).
In terms of the judgment sought to be executed, the period from 2000 to 31.10.2007 and 22.11.2007 has been directed to be counted as qualifying service for the purpose of pension and also for the purpose of annual increments. The increments 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
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notionally. Respondent No.2, however, directed respondent No.3 to allow the actual benefit of increments and the letter dated 31.1.2018 allowing the increments notionally was withdrawn.
2. The affidavit in compliance filed afresh on 22.7.2019 reveals that now benefit of 3% increments has been granted to the petitioner and the bills qua due and admissible arrears were also prepared and submitted in the Treasury. The petitioner by this time may have received the due and admissible arrears. The submissions that the amount of increments should have been added in the basic pay cannot be gone into, in view of there being no such direction of this Court in the judgment sought to be executed. The judgment, therefore, stands implemented. The petition is accordingly dismissed as fully satisfied.
(Dharam Chand Chaudhary) Judge.
(Jyotsna Rewal Dua)
August 01, 2019 (ps) Judge.
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