Pensionary Benefits Cannot Be Withheld For An Indeterminate Period On Ground Of Lack Of Resources: Himachal Pradesh High Court

A single judge bench of the Himachal Pradesh High Court comprising of Justice Satyen Vaidya while deciding a Civil Writ Petition in the case of Suneet Singh Jaryal vs State of HP & Anr has held that the state government cannot withhold pensionary benefits for an indefinite period on the pretext of financial constraints.

Background Facts

Suneet Singh Jaryal (Petitioner) retired on 31.05.2020 from the post of Superintendent Grade-II. The Government of Himachal Pradesh (Respondent) notified the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022 (Revised Pay Rules) on 03.01.2022 under which the revision for pay came effect from 1^st January 2016. The government also issued an office memorandum dated 25.02.2022 through which Rules regulating pension, retirements/death/Service Gratuity and Family Pension were revised. The Petitioner became entitled for revised gratuity, leave encashment and commutation of pensionary benefits under the aforesaid revisions. However, the Petitioner was only paid partial amounts of dues under the revised pay and the revised death-cum-retirement Gratuity. Thus, the Petitioner filed the Civil Writ Petition for directions towards payment the remaining dues.

The Respondent did not deny the claim of the Petitioner. However, they contended financial constraints and lack of resources as a defence for non-payment of amount due to petitioner.

Findings of the Court

The court observed pensionary and other benefits under the Revised Pay Rule and office memorandum dated 25.02.2022 cannot be withheld for an indeterminate period on the pretext of lack of resources. Further, once a legal vested right accrues in favour of a serving or retired government employee, then the same cannot be denied or withheld, that too for an indefinite period.

The court further observed that pensionary benefits including gratuity, leave encashment and commutation act as security to a retired government employee who works for a substantial part of his life under the promise to secure his own and his family's future after retirement.

The court also observed that

“Once, the government has announced the grant of aforesaid benefits to its employees, the same can neither be subsequently denied nor delayed for indeterminate period more particularly on the pretext of financial constraints.”

With the aforesaid observations, the Civil Writ Petition was allowed.

Case No.- CWP No. 5170 of 2023

Case Title: Suneet Singh Jaryal vs State of HP & Anr

Citation: 2024 LiveLaw (HP) 10

Counsel for the Petitioner- Ms. Anita and Ms. Aashima Premy

Counsel for Respondent- Mr. Y. P. S. Dhaulta, Mr. Mohinder Zharaick, Mr. Aman Deep Sharma and Mr. L.N. Sharma, Addl. Advocates General.

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