Decided On: 2Nd August vs Himachal Road Transport ...
2021 Latest Caselaw 3368 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.4236 of 2021 Decided on: 2nd August, 2021 ______________________________________________________ Murari Lal .....Petitioner

.

Versus

Himachal Road Transport Corporation and others .....Respondents

_______________________________________________________ Coram Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice

Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge Whether approved for reporting?

______________________________________________________ For the petitioner: Mr. Manohar Lal Sharma, Advocate.

For the respondents: Mr. Virbahadur Verma, Advocate.

(Through Video Conferencing) Ravi Malimath, Acting Chief Justice (Oral)

The parties are ad idem that the issue in question is no

longer res integra in view of the judgment rendered by a Division

Bench of this Court in CWP No.3050 of 2014, titled Nek Ram Versus

State of Himachal Pradesh and others, decided on 17.07.2014

(Annexure P-2).

2. Accordingly, the instant petition is disposed off on the

basis of the ratio laid down in the aforesaid judgment.

______________________________________________________ Whether reporters of Local Papers may be allowed to see the judgment?

3. Consequently, the respondents are directed to release

all the pensionary and retiral benefits to the petitioner within a period

of four months from today and thereafter pension shall be released

.

to him regularly on first day of each month.

4. However, it is made clear that in case the pensionary

and retiral benefits are not extended to the petitioner within the

aforesaid time, then in addition to the pensionary and retiral benefits,

even the petitioner shall also be entitled to interest at the rate of 9%

per annum from the due date.

                                                  ( Ravi Malimath )
                                                Acting Chief Justice



                                               ( Jyotsna Rewal Dua )
    August 02, 2021                                    Judge
     Bhardwaj/Mukesh