Data Ram Sharma(Not Applicable) vs STATE OF HP(Not Applicable) — CWPOA/604/2019

Case under Constitution of India Section 226. Disposed: Contested--Allowed on 05th May 2026.

Case disposed

CNR: HPHC010330182019

Filing Number

CWPOA/26388/2019

Filing Date

28-Nov-2019

Registration No

CWPOA/604/2019

Registration Date

29-Nov-2019

Judge

Hon'ble Mr. Justice Jiya Lal Bhardwaj

Coram

Hon'ble Mr. Justice Jiya Lal Bhardwaj

Bench Type

Single

Judicial Branch

Civil Section

Decision Date

05-May-2026

Nature of Disposal

Contested--Allowed

Last updated 02-Jun-2026

Acts & Sections

Constitution of India Section 226

Petitioner(s)

  1. 1.Data Ram Sharma(Not Applicable)

    Adv. Prem Parkash Chauhan

Respondent(s)

  1. 1.STATE OF HP(Not Applicable)

Case History

  1. Case disposedDisposed

  2. 05-May-2026

    Hon'ble Mr. Justice Jiya Lal BhardwajView PDF

    Case Summary: CWPOA/604/2019 Decision: The High Court of Himachal Pradesh allowed Dr. Data Ram Sharma's petition and quashed the state's 2010 order denying pension credit for his prior service (Feb 1984-Sep 1994) at the State Council for Child Welfare. The court directed the state to count his entire service period for pensionary benefits, revise his pension accordingly, and pay arrears within three months at 6% annual interest if delayed. Key Reasoning: The court found the state's refusal violated equal protection principles because it had granted identical benefits to another similarly-situated employee (Harish Kumar) from the same non-pensionable establishment, and because the petitioner obtained proper permission and a no-objection certificate before transferring departments. Rule 26(2) of CCS Pension Rules protects past service when resignation is submitted with proper permission for another government appointment. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 09-Apr-2026

    Hearing

    Hon'ble Mr. Justice Jiya Lal Bhardwaj

  4. 12-Mar-2026

    Hon'ble Mr. Justice Jiya Lal BhardwajView PDF

  5. 12-Mar-2026

    Hearing

    Hon'ble Mr. Justice Jiya Lal Bhardwaj

  6. 26-Feb-2026

    Hon'ble Mr. Justice Jiya Lal BhardwajView PDF

  7. 26-Feb-2026

    Hearing

    Hon'ble Mr. Justice Ranjan Sharma

  8. 07-Jan-2026

    Hon'ble Mr. Justice Ranjan SharmaView PDF

  9. 07-Jan-2026

    Hearing

    Hon'ble Mr. Justice Ranjan Sharma

  10. 18-Dec-2025

    Hon'ble Mr. Justice Ranjan SharmaView PDF

  11. 20-Nov-2025

    Hon'ble Mr. Justice Ranjan SharmaView PDF

  12. 23-Jun-2020

    Hon'ble Mr. Justice Vivek Singh ThakurView PDF

  13. 23-Jun-2020

    First hearing

    Initial hearing scheduled

  14. 28-Nov-2019

    Case filed

    Registration No. CWPOA/604/2019

casestatus.in Summary

Case Summary: CWPOA/604/2019 Decision: The High Court of Himachal Pradesh allowed Dr. Data Ram Sharma's petition and quashed the state's 2010 order denying pension credit for his prior service (Feb 1984-Sep 1994) at the State Council for Child Welfare. The court directed the state to count his entire service period for pensionary benefits, revise his pension accordingly, and pay arrears within three months at 6% annual interest if delayed. Key Reasoning: The court found the state's refusal violated equal protection principles because it had granted identical benefits to another similarly-situated employee (Harish Kumar) from the same non-pensionable establishment, and because the petitioner obtained proper permission and a no-objection certificate before transferring departments. Rule 26(2) of CCS Pension Rules protects past service when resignation is submitted with proper permission for another government appointment. This case analysis is maintained by casestatus.in based on publicly available court records.

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