Dharamshala vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 4237 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                   ON THE 31st DAY OF AUGUST 2021
                                 BEFORE
           HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN




                                                           .
                                     &





                HON'BLE MR. JUSTICE SATYEN VAIDYA
                 CIVIL WRIT PETITION No. 4905 of 2021





       Between:-
       SURESH CHAND,
       SO SH. DUNI CHAND,
       R/o VILLAGE BAGLI, TEHSIL




       DHARAMSHALA, DISTRICT KANGRA
       H.P.
                                           ......PETITIONER
       (BY SH. INDERJIT SINGH NARWAL, ADVOCATE)

       AND

    1. STATE ROAD TRANSPORT CORPORATION,
       THROUGH ITS MANAGING DIRECTOR,
       SHIMLA H.P.



    2. THE FINANCIAL ADVISOR CUM CAO HRTC,
       SHIMLA H.P.




    3. REGIONAL MANAGER, HRTC DHARAMSHALA,
       H.P.





                                    ......RESPONDENTS

    (BY SMT. SHUBH MAHAJAN, ADVOCATE)





          This petition coming on for admission before notice this day,
    Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the following:
                                  ORDER

Notice. Smt. Shubh Mahajan, Advocate, appears and

waives service of notice on behalf of the respondents.

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 vs.

State of Himachal Pradesh and others, decided on 17.07.2014.

.

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

basis of the ratio laid down in the aforesaid judgment.

3. Consequently, the respondents are directed to release all

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

six 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. Pending application(s), if any, shall

also stand disposed of. No order as to costs.

For compliance list on 1st April, 2022.

(Tarlok Singh Chauhan) Judge

(Satyen Vaidya) Judge August 31, 2021 (tarun)