Himachal Pradesh High Court
Gurdial Singh vs . State Of H.P. & Ors. on 27 July, 2022
Bench: Tarlok Singh Chauhan, Sandeep Sharma
Gurdial Singh vs. State of H.P. & Ors.
Ex. Pet. No. 131 of 2020 with CWP No. 266 of 2019 .
27.07.2022 Present: Mr. Sahil Dixit, Advocate, for the petitioner in Ex. Pet No. 131 of 2020.
Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., with Mr. Yudhbir Singh Thakur, Mr. Bhupinder Thakur, Dy. A.Gs and Mr. Rajat Chauhan, Law Officer, for respondents- State in Ex. Pet. No. 131/2020 and for the petitioners in CWP No. 266/2019.
Mr. V. B. Verma, CGSC, for respondent-Accountant General.
Mr. Devinder Sharma, Advocate, for respondent No. 1, in CWP No. 266 of 2019.
CWP No. 266 of 2019On 25.02.2019, the Court on the first date of hearing passed the following order:-
"The first respondent retired from Police Department on attaining the age of superannuation on 30.06.1996. It appears that pursuant to the Government decision taken in the year 1997, pay of the first respondent was revised retrospectively. He claimed consequential revision and re- fixation of his pension also keeping in view the fact that his average emoluments during the last ten months of his service before retirement stood increased. It further appears that the pension was not correctly revised by the Accountant General (A-E), H.P. on the basis of average emoluments drawn by the first respondent during the last ten months of his service. He, therefore, agitated the matter before the the Tribunal and his claim has been eventually accepted. The first respondent was born on 6.06.1938 which means that today he is 80 years old. Owing to the fact that he is an old retiree and a senior citizen we are not inclined to issue notice to him at this stage. Let, however, notice of motion be issued to respondent No. 2 - Accountant General (A-E), Himachal Pradesh to justify the manner in which revised pension of respondent No. 1 was fixed. Mr. Rajesh Kumar Sharma, ::: Downloaded on - 27/07/2022 20:11:27 :::CIS