Himachal Pradesh High Court
Nikku Ram vs State Of on 25 July, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
ON THE 25th DAY OF JULY, 2022
BEFORE
.
HON'BLE MR. JUSTICE A.A. SAYED,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.4308 of 2022
Between:-
NIKKU RAM, AGED 67 YEARS,
S/O LATE SH. KHUB RAM,
R/O VILLAGE TWAR, P.O.
NISHANI, TEHSIL NIRMAND,
DISTRICT KULLU, H.P.,
OCCUPATION-RETIRED
GOVT. SERVANT.
......PETITIONER
(BY MR. DEVEN KHANNA, ADVOCATE
VICE MR. ADARSH K. VASHISTA,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH,
THROUGH ITS PRINCIPAL SECRETARY
(HORTICULTURE) TO THE GOVT. OF H.P.,
H.P. SECRETARIAT, SHIMLA-2.
2. THE DIRECTOR (HORTICULTURE)
TO THE GOVT. OF H.P., SHIMLA.
......RESPONDENTS
(BY MR. ADARSH K. SHARMA,
ADDITIONAL ADVOCATE GENERAL)
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This petition coming on for admission this day,
Hon'ble Mr. Justice A.A. Sayed, passed the following:
ORDER
.
The petition has been filed by the petitioner seeking the following substantive relief:-
"(i) That a writ in the nature of mandamus may kindly be issued directing the Respondents for notional fixation of pay for the period in question w.e.f. 31.07.2013 to 31.07.2015 for working out his payable pension and payment of consequential arrears of pension."
2. Learned counsel appearing for the petitioner states that the petitioner would be content, if he is permitted to make a representation and directions are issued to decide the representation in a time bound manner in light of the common judgment dated 22.02.2022 passed by the Full Bench of this Court in CWP No.2711 of 2017 (Baldev Versus State of Himachal Pradesh and others alongwith connected matter).
3. In the circumstances, we accede to the request of learned counsel for the petitioner and accordingly permit the petitioner to make a representation to respondent No.2-The ::: Downloaded on - 25/07/2022 20:02:49 :::CIS -3- Director (Horticulture) to the Government of Himachal Pradesh. If such representation is made within a period of one week from today, the same shall be decided in light of the .
aforesaid judgment dated 22.02.2022 expeditiously and in any event within eight weeks from the date of receipt of the representation.
4. The petition to stand disposed of in the aforesaid terms, so also pending miscellaneous application(s), if any.
(A.A. Sayed)
Chief Justice
(Jyotsna Rewal Dua)
July 25, 2022 Judge
(Bhardwaj)
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