Sh. Chhote Lal vs The State Of H.P. & Other on 28 October, 2020

[Cites 1, Cited by 6]

Himachal Pradesh High Court

Sh. Chhote Lal vs The State Of H.P. & Other on 28 October, 2020

Bench: Ajay Mohan Goel

                                          1



       IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                                            .
                                                  CWP No. 2086 of 2020





                              Date of Decision: 28.10.2020
______________________________________________________________________





Sh. Chhote Lal
                                                      ....Petitioner.

                                                  Vs.





The State of H.P. & other.
                                                                                        ....Respondents.
Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge

Whether approved for reporting?1 No

For the petitioner:                               Mr. A.K. Gupta, Advocate.

For the respondents:                              M/s Sumesh Raj, Dinesh Thakur and


                                                  Sanjeev Sood, Additional Advocate
                                                  Generals with Ms. Divya Sood, Deputy
                                                  Advocate General.




                                                  (Through Video Conferencing)





Ajay Mohan Goel, Judge (Oral):

By way of this writ petition, the petitioner has prayed for the following substantive relief: "(i) That the respondents may be ordered to pay the balance two installments of arrears, calculated in favour of the petitioner, in one go/lump sum as per the law laid down by this Hon'ble Court in Umesh Kumar Vs. State of H.P.".

2. In terms of the reply which has been filed to the writ petition, the stand of the State is that out of the total amount which was 1Whether the reporters of the local papers may be allowed to see the Judgment?

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due to the petitioner, three installments of `78,710/ each stood released .

to him and the balance shall be paid by way of two installments in terms of the instructions of the Finance Department.

3. Having heard learned counsel for the parties and having perused the pleadings, this Court is of the view that the emoluments as are due to the petitioner can not be made subservient to any instructions of the Finance Department, and accordingly, it is directed that the balance amount be paid to the petitioner on or before 30th November, 2020.

4. It is clarified that in case the balance amount is not paid to the petitioner by the said date, then respondents shall be liable to pay interest @ 6 % per annum on the balance amount and it will be the erring Officer(s)/Official(s), who will be responsible to pay the interest to the petitioner in the event of noncompliance of the order so passed by the Court today.

The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.

(Ajay Mohan Goel) Judge October, 28, 2020 (sushma) ::: Downloaded on - 28/10/2020 20:19:13 :::HCHP

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