Himachal Pradesh High CourtSavita Kumari vs State Of H.P. & Ors on 6 September, 2023Bench: Jyotsna Rewal DuaIN THE HIGH COURT OF HIMACHAL PRADESH,\n                      SHIMLA\n\n    CWP Nos. 4986,5444,5445,5448,5449, 5451, 5919, 5442, 5526,\n\n\n\n\n                                                         .5006, 5021,5118, 5189, 5190, 5319, 5376, 5563,5564, 4510,4697,\n\n\n\n\n\n    4698,4699, 5011, 5014, 5015, 5016, 5017, 5641, 5931,6042,6043,\n    4533, 4610/2023, CWP Nos.116 & 616/2021 and CWP Nos.1139,\n    4463 & 646/2020\n                                      Decided on: 06.09.2023\n\n\n\n\n\n    CWP No.4986/2023\n\n    Savita Kumari                                     ...Petitioner\n                           Versus\n\n\n\n\n\n    State of H.P. & Ors.                           ....Respondents.CWP No.5444/2023\n\n    Dhani Devi                                        ...Petitioner\n                    r      Versus\n    State of H.P. & Ors.                           ....Respondents.\n\n    CWP No.5445/2023\n\n    Hari Priya                                        ...Petitioner\n                           Versus\n\n\n    State of H.P. & Ors.                           ....Respondents.\n    CWP No.5448/2023\n\n\n\n\n    Damayanti Devi                                    ...Petitioner\n                           Versus\n\n\n\n\n\n    State of H.P. & Ors.                           ....Respondents.\n    CWP No.5449/2023\n\n\n\n\n\n    Sheetla Devi                                      ...Petitioner\n                           Versus\n    State of H.P. & Ors.                           ....Respondents.\n    CWP No.5451/2023\n\n    Daksha Sharma                                     ...Petitioner\n                           Versus\n    State of H.P. & Ors.                           ....Respondents.\n    CWP No.5919/2023\n\n    Lajja Devi                                        ...Petitioner\n                           Versus\n    State of H.P. & Ors.                           ....Respondents.::: Downloaded on - 08/09/2023 20:34:08 :::CIS2______________________________________________________\n    CWP No.5442/2023\n\n    Adarsh Kapoor                                 ...Petitioner\n\n\n\n\n                                                     .Versus\n\n\n\n\n\n    State of H.P. & Ors.                       ....Respondents.CWP No.5526/2023\n\n\n\n\n\n    Nirmal Devi                                   ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.5006/2023\n\n\n\n\n\n    Rattani Devi                                  ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.5021/2023\n\n\n    Promila Devi                                  ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.5118/2023\n\n\n\n    Urmila Rana                                   ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n\n\n\n\n    CWP No.5189/2023\n\n\n\n\n\n    Salochna Devi                                 ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n\n\n\n\n\n    CWP No.5190/2023\n\n    Kamla Devi                                    ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.5319/2023\n\n    Sandhya Devi                                  ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.5376/2023\n\n    Kauran Devi                                   ...Petitioner::: Downloaded on - 08/09/2023 20:34:08 :::CIS3Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.5563/2023\n\n\n\n\n                                                     .\n    Saroj Kumari                                  ...Petitioner\n\n\n\n\n\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.5564/2023\n\n\n\n\n\n    Santosh Kumari                                ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.4510/2023\n\n    Kamlesh Kumari\n\n    State of H.P. & Ors.\n    CWP No.4697/2023\n                     r          to\n                           Versus\n                                                  ...Petitioner\n\n                                               ....Respondents.\n\n    Sunita Devi                                   ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n\n\n    CWP No.4698/2023\n\n    Sushma Kumari                                 ...Petitioner\n                           Versus\n\n\n\n\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.4699/2023\n\n\n\n\n\n    Sita Devi                                     ...Petitioner\n                           Versus\n\n\n\n\n\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.5011/2023\n\n    Lata Devi                                     ...Petitioner\n                         Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No. 5014/2023\n\n    Prem Lata                                     ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.5015/2023::: Downloaded on - 08/09/2023 20:34:08 :::CIS4Anju Kumari                                   ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n\n\n\n\n                                                     .\n\n    CWP No.5016/2023\n\n    Naresh Kumari Sharma                          ...Petitioner\n\n\n\n\n\n                         Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.5017/2023\n\n    Shakti Pathania                               ...Petitioner\n\n\n\n\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No. 5641/2023\n\n    Shakuntla Sharma                              ...Petitioner\n\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.5931/2023\n\n\n    Jatindra                                      ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.6042/2023\n\n\n\n\n    Vidya Minhas                                  ...Petitioner\n\n\n\n\n\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.6043/2023\n\n\n\n\n\n    Danavati                             ...Petitioner\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.4533/2023\n\n    Beasa Devi & Ors.                             ...Petitioners\n                           Versus\n    State of H.P. & Ors.                       ....Respondents.\n    CWP No.4610/2023\n\n    Khema Devi & Ors.                             ...Petitioners\n                           Versus::: Downloaded on - 08/09/2023 20:34:08 :::CIS5State of H.P. & Ors.                                            ....Respondents.\n\n    CWP No.116/2021\n\n\n\n\n                                                                          .\n    Tara Kumari                                                        ...Petitioners\n\n\n\n\n\n                                Versus\n    State of H.P. & Ors.                                            ....Respondents.\n    CWP No.616/2021\n\n\n\n\n\n    Sheela Devi & Ors.                                                 ...Petitioners\n                                Versus\n    State of H.P. & Ors.                                            ....Respondents.\n\n\n\n\n\n    CWP No. 1139/2020\n\n    Kamla Sharma                                                       ...Petitioner\n                                Versus\n    State of H.P. & Ors.\n                         r                                          ....Respondents.\n\n    CWP No.4463/2020\n\n    Kiran Devi & Ors.                                         ...Petitioners\n                                Versus\n\n\n    State of H.P. & Ors.                                            ....Respondents.\n    CWP No.6461/2020\n\n    Veena Dhiman & ors.                                                ...Petitioners\n\n\n\n\n                         Versus\n    State of H.P. & Ors.                                            ....Respondents.\n\n\n\n\n\n    CoramMs. Justice Jyotsna Rewal Dua, Judge.Whether approved for reporting?1\n\n    For the petitioners              :               Mr. Adarsh K. Vashistha, Mr.\n                                                     Lovneesh Kanwar, Sr.\n                                                     Advocate with Mr. Tek Chand,\n                                                     Mr. Vishwa Bhushan, Mr.\n                                                     Narender Guleria, Mr.\n                                                     Loveneesh Thakur, for the\n                                                     petitioners in the respective\n                                                     petitions.1Whether reporters of the local papers may be allowed to see the judgment?     yes::: Downloaded on - 08/09/2023 20:34:08 :::CIS6For the respondents      :               Mr. Anup Rattan, Advocate\n                                              General with Mr. Rajat Chauhan,\n                                              Law Officer, for the\n                                              respondents/State in all the\n\n\n\n\n                                                                 .petitions.Mr. Tara Chand Chauhan, Mr.\n                                              Rangil Singh and Mr.\n\n\n\n\n\n                                              Chitranajan Sharma,\n                                              Advocates, for the\n                                              respondents/Accountant\n                                              General.Jyotsna Rewal Dua, J\n\n\n                  All these petitions are centered around common facts\n\n\n    and have been filed with almost similar grievances & prayer, hence,\n\n    are taken up together for adjudication.2.           Common case set up by the petitioners in these\n\n    petitions is that the petitioners were engaged as Nursery Trained\n\n\n\n\n    Teacher (NTT) in the respondent-department. On 02.02.1999,\n\n\n\n\n\n    respondent-State decided to regularize the services of Nursery\n\n    Trained Teacher (NTT) on completion of 5 years of service instead of\n\n\n\n\n\n    10 years. Transferred Application No.2828/2015 instituted by certain\n\n    NTTs was decided by the erstwhile H.P. Administrative Tribunal on\n\n    13.09.2018 directing the respondents-State to regularize the services\n\n    of the petitioners therein on completion of 5 years of service. This\n\n    decision was assailed by the respondents-State by filing                    CWP\n\n    No.3544/2019. The writ petition was dismissed on 06.11.2020. The::: Downloaded on - 08/09/2023 20:34:08 :::CIS7respondents-State thereafter set out to implement the decision in\n\n    question. Office order dated 03.03.2022 was issued. All the\n\n\n\n\n                                                                   .petitioners have been extended the benefit of the decision. Their\n\n\n\n\n\n    services have been regularized from different dates of the years\n\n    2002-2003. Revised seniority numbers were issued to the petitioners.All the petitioners now stand retired from service on attaining the age\n\n    of superannuation.3.           Petitioners' grievance in the instant petitions is that till\n\n    date the respondents have not released them their due pensions.When the matters were taken up on 03.08.2023, learned counsel for\n\n    respondent No.4 i.e. Accountant General (A&E) Shimla, H.P. pointed\n\n    out certain procedural difficulties on account of instructions of the\n\n\n\n    Finance Department in releasing due and admissible pension to the\n\n    petitioners. For ironing out the creases, Senior Officers of the\n\n\n\n\n    concerned departments including the Finance and Education\n\n\n\n\n\n    Departments attended the hearing of the case on 11.08.2023 and\n\n\n\n\n\n    assured that all necessary action for releasing due and admissible\n\n    monetary benefits to the petitioners would be taken by them.Following order was passed in the matter on 17.08.2023:-"On 16.08.2023, learned Additional Advocate General had placed\n                 on record a copy of instruction memo dated 14.08.2023 issued by\n                 Director of Elementary Education inter alia stating as under:-"In this context, it is submitted that the Finance\n\n                               Department has conveyed its clarification sought by::: Downloaded on - 08/09/2023 20:34:08 :::CIS8the Accountant General (A&E), HP vide their letter\n\n                        No.Fin(C)B(15)-21/2020-Loose dated 11.08.2023\n\n                        to the Deputy Accountant General (Pension) with\n\n\n\n\n                                                              .request     to   finalized   pension    cases     of    NTT\n\n                        Teachers.It is further submitted that all the Deputy Directors\n\n                        of Himachal Pradesh have also been directed vide\n\n                        letter dated 14.08.2023 (Copy Enclosed) to submit\n\n\n\n\n\n                        all pension cases pertaining to NTT Teachers to the\n\n                        O/o Accountant General, HP as per the clarification\n\n                        of the Finance Department and follow up these\n\n\n                        cases from the O/o Accountant General, H.P. "2.        The respondents/State had also placed on record a copy\n\n        of office letter dated 11.08.2023 from the Finance Department\n\n\n\n        addressed to the office of Deputy Accountant General stating as\n\n        under:-"I am directed refer to your office letter no. Pen-1/C/-1/     clarification/NTT/2023-21/528-29           dated\n                        05.07.2023 on the subject cited above and to say\n                        that the Finance Department confirms that the\n\n\n\n\n\n                        following, advice had been accorded/conveyed to\n                        the AD (Education Department) in the matter of\n                        CWP No. 3544/2019 & COPCT No. 758/2020 titled\n                        as State of HP Vs. Surendra Sharma and others,\n                        on 11th May, 2023."Examined in the Finance Regulations Department.\n                        The CMM vide decision dated 20.12.2021 has\n                        already approved to implement the Court decision\n                        dated 13.09.2018 of the erstwhile HPAT rendered\n                        in the TA No 2828/2015 & decision dated 6.11.2020::: Downloaded on - 08/09/2023 20:34:08 :::CIS9of the Hon'ble High Court, rendered in CWP No.\n                              3544/2019 in view of the Government letter dated\n                              2.2.1999. The Law Department has also advised\n\n\n\n\n                                                                            .the A.D. to implement the court decisions vide N-7\n\n\n\n\n\n                              to N-13 of the AD's notes.Hence,        to    settle        issue,   until   otherwise    the\n                              department has grounds to contest the matter in\n\n\n\n\n\n                              the Hon'ble Apex Court, the Finance Department\n                              agrees to grant consequential benefits to the\n                              petitioners in aforesaid writ petitions as per\n\n\n\n\n\n                              directions passed in the Court decision. However,\n                              non-petitioners can be granted benefits on notional\n                              basis    in        terms     of     Government       letter   dated\n                              15.12.2011 read with letter dated 7.1.2012.It is requested that AG Office may finalize pension\n                              cases of NTT as per above advice in accordance\n                              with orders of Hon'ble High Court. The same has\n                              been conveyed by Education Department, also to\n\n\n                              your goodself vide their letter dated June 2023."3.         Learned counsel for respondent No.4 i.e. Accountant\n\n\n\n\n             General (A&E) Shimla submit that all necessary action at the end\n             of Accountant General's office including sanctioning the PPOs as\n\n\n\n\n\n             well as authorizing payment of Pension & arrears of Pension shall\n             be carried out within 10 days from today. The statement is taken\n             note of.4.         Learned Deputy Advocate General submits that within a\n             week thereafter all monetary benefits due and admissible to the\n             petitioners including the pension/arrears etc. will be credited in\n             their respective bank accounts.5.         In light of above statements of learned counsel for the\n             respondents, list on 06.09.2023 to oversee the compliance."4.        Today, when the matters were taken up, Learned\n\n    counsel appearing for respondent No.4 (A&E) Shimla, H.P.::: Downloaded on - 08/09/2023 20:34:08 :::CIS10submitted that the cases of all these petitioners are under process in\n\n    the office of Accountant General. Pension Pay Orders in cases of\n\n\n\n\n                                                               .individual petitioners, in these petitions shall be sanctioned, prepared\n\n\n\n\n\n    and dispatched within outer range of 2 weeks from today. Pension\n\n    Pay Orders of all these petitioners shall be dispatched to the\n\n\n\n\n\n    concerned Drawing and Disbursing Officer (DDOs'), District Treasury\n\n    Officers (DTOs')   as well as the petitioners latest by 25.09.2023.Their statements are taken on record,5.           Since respondent No.4 has now not only undertaken to\n\n    sanction the PPO orders in favour of the petitioners but has also\n\n    assured that the same shall be dispatched to all concerned quarters\n\n    i.e. the concerned District Treasury Officers (DTOs), Drawing and\n\n\n\n    Disbursing Officer (DDOs) as well as to the petitioners in individual\n\n\n\n\n    cases, there shall be direction to the concerned DTOs' & DDOs'\n\n    through learned Law Officer to do the needful i.e. to take all\n\n\n\n\n\n    necessary follow up action for releasing the due and admissible\n\n\n\n\n\n    pension to all the petitioners in each of these cases within a period of\n\n    two weeks from the date of receipt of Pension Pay Order. The\n\n    petitioners through their learned counsel are also directed to\n\n    complete all requisite formalities, if any required at their end. The\n\n    needful shall be done by them within the aforesaid time-line. Due &\n\n    admissible pension be paid & released to the petitioners within the\n\n    above period.::: Downloaded on - 08/09/2023 20:34:08 :::CIS11These petitions are disposed of in above terms. Pending\n\n    application(s), if any, also stand disposed of accordingly..Jyotsna Rewal Dua\n                                                         Judge\n\n\n\n\n\n    06th September, 2023 (Rohit)\n\n\n\n\n                    r              to::: Downloaded on - 08/09/2023 20:34:08 :::CIS