Between vs State Of Himachal
2021 Latest Caselaw 3923 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
              ON THE 13th DAY OF AUGUST, 2021




                                                        .
                            BEFORE





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





                CIVIL WRIT PETITION No. 4499 of 2021

    Between:-


    SH. RANU RAM,
    AGED ABOUT 59 YEARS,

    OCCUPATION RETIRED
    AS (MECHANIC),


    GOVT EMPLOYEE
    (FROM ROHROU IN
    31.12.2020),
    S/O LATE SH.PANCHU RAM,


    R/O VILLAGE POUTA,
    PO DHAR,
    TEHSIL JUBBAL,
    DISTT. SHIMLA,




    HP 171205.                                    ......PETITIONER

    (BY SH. SHIVENDRA SINGH, ADVOCATE)





    AND





    1.    STATE OF HP,
          PRINCIPAL SECRETARY
          TRANSPORT GOVT. OF
          HIMACHAL PRADESH.

    2.    ADDITIONAL CHIEF SECRETARY
          FINANCE TO THE GOVT.
          OF HIMACHAL PRADESH,
          SHIMLA.

    3.    HIMACHAL ROAD TRANSPORT
          CORPORATION THROUGH
          ITS MANAGING DIRECTOR,




                                       ::: Downloaded on - 31/01/2022 22:52:42 :::CIS
                                   2




         SHIMLA-171003.

    4.   REGIONAL MANAGER,




                                                         .
         HIMACHAL ROAD TRANSPORT





         CORPORATION, ROHROU,
         DISTRICT SHIMLA, H.P.                     ......RESPONDENTS

    (SH.ASHOK SHARMA, ADVOCATE GENERAL WITH SH. RAJINDER





    DOGRA, SENIOR ADDITIONAL ADVOCATE GENERAL, SH. VINOD
    THAKUR, SH. HEMANSHU MISRA, SH. SHIV PAL MANHANS,
    ADDITIONAL ADVOCATE GENERALS AND SH. BHUPINDER
    THAKUR, DEPUTY ADVOCATE GENERAL, FOR RESPONDENTS
    NO. 1 AND 2/STATE)


    NO. 3 AND 4)     r        to
    (SH. SHYAM SINGH CHAUHAN, ADVOCATE, FOR RESPONDENTS

                 This petition coming on for orders            this day,

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

    following:



                          ORDER

Notice. Mr. Vinod Thakur, learned Additional

Advocate General, appears and waives service of notice on

behalf of respondents No.1 and 2. Mr. Shyam Singh

Chauhan, Advocate, appears and waives service of notice

on behalf of respondents No. 3 and 4.

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 08.10.2021.

(Tarlok Singh Chauhan) Judge

(Satyen Vaidya ) Judge

13th August, 2021.(krt)