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Himachal Pradesh High Court

Harbans Singh Krar vs H.P. University And Another on 7 August, 2023

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5085 of 2023 Decided on: 7th August, 2023

------------------------------------------------------------------------------------- Harbans Singh Krar .....Petitioner .

Versus H.P. University and another .....Respondents

-------------------------------------------------------------------------------------

Coram Ms. Justice Jyotsna Rewal Dua of Whether approved for reporting? 1 For the Petitioner: Mr. Sanjeev Bhushan, Senior Advocate rt with Mr. Rajesh Kumar, Advocate. For the Respondents: Mr. Nitin Thakur, Advocate, for respondent No.1.

Mr. Anup Rattan, Advocate General with Mr. Y.P.S. Dhaulta and Mr. Varun Chandel, Additional Advocates General, for respondent No.2.

------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Nitin Thakur, learned Standing Counsel and Mr. Varun Chandel, learned Additional Advocate General, appear and waive service of notice on behalf of respondents No.1 and 2, respectively.

2. Heard.

3. Prayer in this petition is to include Secretariat pay as part of the Basic Pay for computing pension and other retiral benefits.

1

Whether reporters of print and electronic media may be allowed to see the order? Yes.

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4. Learned counsel for the petitioner submitted that the issue raised in this petition is squarely covered by the judgment rendered by the Hon'ble Single Bench of this Court in CWPOA No.208/2020 (Durga Ram Vs. Himachal .

Pradesh University & Anr. alongwith connected matters), decided on 18.10.2022. Learned counsel for the petitioner further submitted that the petitioner would be content in case the respondents/competent authority are of directed to consider and decide the case of the petitioner in light of the law laid down in the aforesaid judgment, in a rt time bound manner. Prayer is not opposed by learned counsel for the respondents.

5. In this view of the matter, the writ petition is disposed of by directing the respondents/competent authority to consider and decide the case of the petitioner in light of the aforesaid judgment and in case, the petitioner is found to be similarly situated, then the benefit extended to the petitioner in the aforesaid judgment, shall also be extended to the petitioner in the instant case also. The entire exercise be completed within six weeks from today.

The decision so arrived at shall also be communicated to the petitioner.

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

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                                                Jyotsna Rewal Dua
    August 07, 2023                                   Judge
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