Ramesh Chand vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 4181 HP

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       IN THE HIGH COURT OF HIMACHAL PRADESH AT




                                                          .
                        SHIMLA





                    ON THE 26th DAY OF AUGUST, 2021
                               BEFORE





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




    Between:
                  r          to
          CIVIL WRIT PETITON NO. 4849 OF 2021


    RAMESH CHAND,S/O SH. MOTI RAM,

    RESIDENT OssF VILLAGE SYAR,
    P.O DARLAGHAT, TEHSIL ARKI,


    DISTRICT SOLAN, HP, RETIRED AS
    CONDUCTOR FROM LOCAL UNIT
    SHIMLA­2, DHALLI, SHIMLA­12,H.P




                                      .........PETITIONER.





    (BY G.R PALSRA, ADVOCATE)
    AND





    HIMACHAL ROAD TRANSPORT CORPORATION
    THROUGH ITS MANAGING DIRECTOR, SHIMLA­3
                                      ....RESPONDENT.
    (BY SH. AJAY CHAUHAN,ADVOCATE)
    _______________________________________________________




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                  This Petition coming on for orders this day, Hon'ble




                                                               .
    Mr. Justice Tarlok Singh Chauhan, delivered the following:





                              ORDER

Notice. Mr. Ajay Chauhan, Advocate appears and waives service of notice on behalf of respondents.

2 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 as

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.

Consequently, the respondents are directed to release all the

pensionary/retiral benefits to the petitioner within a period of

three months from today and thereafter pension shall be released

to the petitioner regularly on first day of each month.

3. However, it is made clear that in case the

pensionary/retiral benefits are not extended to the petitioner

within the aforesaid time, then in addition to the

.

pensionary/retiral benefits, even the petitioner shall also be

entitled to interest @ 9% per annum from due date. Pending

application(s), if any, also stands disposed of.

4. For compliance, list on 04.10.2021.

                         r          to             (Tarlok Singh Chauhan)
                                                          Judge

                                                       ( Satyen Vaidya)
                                                             Judge
    26th August,2021


         (ravinder)