Himachal Pradesh High Court
Laxman Ram & Others vs . State Of H.P. & Others on 28 July, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Laxman Ram & Others Vs. State of H.P. & Others .
CWP No.2529 of 2023 28.07.2023. Present: Mr. Adarsh K. Vashista, Advocate, for the petitioners.
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Ms. Seema Sharma, Deputy Advocate General, for the respondents-State.
The petitioners have prayed for a direction to the respondents to re-calculate and release all the admissible retiral dues to them including Leave Encashment, etc. on the basis of Himachal Pradesh Civil Services (Revised Pay) Rules, 2022. The respondents have not filed reply, however, learned Deputy Advocate General has placed on record copy of instructions dated 25.07.2023, addressed to the office of learned Advocate General by respondent No.2 - Director Elementary Education. The relevant portion of the instructions reads as under:
"In this regard, it is submitted that as per information received from the Deputy Director Elementary Education Distt. Mandi, as per Govt. direction 1st installment of Revised NPS Gratuity @ 20% of Total arrear) amounting Rs.11,284/- vide bill No.100278 dt. 21.11.2022 and Rs.11,125/- vide bill No.100086 dated 31.05.2023 has been paid to the petitioner No.1 Sh. Laxman Ram & Petitioner No.3 Smt. Kamla Devi respectively. Revised pension case of Petitioner No.2 Khem Chand has also been sanctioned/approved by the office of Accountant General vide letter dated 14.03.2023 and 20% of revised DCRG amounting Rs.57,810/- has also been paid to him.
It is further submitted that matter related to leave encashment on the basis Himachal Pradesh Civil Services (Revised Pay) Rules,2022 has been taken with the higher authorities for necessary clarification vide letter dated 21.07.2023 (Copy enclosed)."
Once the respondents have re-calculated the retiral dues due and admissible to the petitioners under Himachal ::: Downloaded on - 31/07/2023 20:38:09 :::CIS Pradesh Civil Services (Revised Pay) Rules, 2022, it is not .
understandable as to how and why the respondents are releasing them in piecemeal i.e. either in installments or on the basis of percentage of the due and admissible revised benefits.
The retiral benefits due to the petitioners are on account of service rendered by them and not the bounty given by the State.
Let respondent No.1 file an affidavit explaining the release of retiral benefits in piecemeal before the next date of hearing.
List on 18.08.2023.
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Jyotsna Rewal Dua Judge July 28, 2023 (shivender) ::: Downloaded on - 31/07/2023 20:38:09 :::CIS