Ramesh Chand vs State Of Himachal
2021 Latest Caselaw 3867 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
              ON THE 12th DAY OF AUGUST, 2021




                                                        .
                            BEFORE





         HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                              &
             HON'BLE MR. JUSTICE SATYEN VAIDYA





                CIVIL WRIT PETITION No. 4484 of 2021

    Between:-


    RAMESH CHAND,
    S/O SH. HIRA LAL,

    R/O VILLAGE-BALHI,
    POST OFFICE KHUTHEDA,


    TEHSIL-JOGINDER NAGAR
    AND DISTRICT MANDI, H.P.
    (RETIRED AS TIRE MAN
     FROM HRTC BAIJNATH UNIT)                     ......PETITIONER



    (BY SH. ASHOK KUMAR, ADVOCATE)

    AND




    1.    HIMACHAL ROAD TRANSPORT
          CORPORATION (HRTC) THROUGH





          ITS MANAGING DIRECTOR,
          OLD BUS STAND, SHIMLA-1.





    2.    THE FINANCIAL ADVISOR-CUM-CHIEF
          ACCOUNTANT OFFICER,
          HIMACHAL PRADESH ROAD TRANSPORT
          CORPORATION AD OFFICE OLD
          BUS STAND,SHIMLA.               ......RESPONDENTS

    (SH. AJAY K. CHAUHAN, ADVOCATE, FOR RESPONDENTS NO. 1
    AND 2)




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                 This petition coming on for orders               this day,

    Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the




                                                            .

    following:

                           ORDER

Notice. Mr. Ajay K. Chauhan, Advocate, appears

and waives service of notice on behalf of the respondents.

2. The parties are at ad idem that the issue in

question is no longer res integra in view of the judgment

rendered by the Division Bench of this Court in CWP No.

3050 of 2014, titled Nek Ram vs. State of Himachal

Pradesh and others, decided on 17.07.2014.

3. Accordingly, the instant petition is disposed of on

the basis of the ratio laid down in the aforesaid judgment.

4. Consequently, the respondents are directed to

release all the pensionary and retiral benefits to the

petitioner within a period of eight weeks from today and

thereafter pension shall be released to him regularly on first

day of each month.

5. 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. Pending application(s), if any, also stand

.

disposed of. No order as to costs.

6. For compliance, to come up on 07.10.2021.

(Tarlok Singh Chauhan) Judge

12th August, 2021.

    (krt)
                              to             (Satyen Vaidya )
                                                  Judge