Mandi vs State Of Himachal
2021 Latest Caselaw 5527 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
               ON THE DAY OF 01st DECEMBER 2021
                            BEFORE




                                                            .
          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                               &
            HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





               CIVIL WRIT PETITION No. 6563 of 2021

      Between:-





      SURESH KUMAR,
      S/o SHRI MANI RAM,
      (RETD. DVR) R/o VILL.
      MANOTLA P.O. BALT

      TEHSIL BALH, DISTRICT

      MANDI, H.P.


                                                        .....PETITIONER


      (SH. H.S. RANGRA, ADVOCATE )
      AND




     1.       HIMACHAL ROAD TRANSPORT CORPORATION
              THROUGH ITS MANAGING DIRECTOR, SHIMLA-3





              H.P.





     2.       REGIONAL MANAGER, HIMACHAL ROAD TRANSPORT
              CORPORATION, SUNDER NAGAR DISTRICT MANDI, H.P.


     3.       THE FINANCIAL ADVISOR CUM CAO, HRTC HEAD
              OFFICE SHIMLA-3.


                                                      .....RESPONDENTS

    (MS REETA THAKUR, ADVOCATE)
__________________________________________________________




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              This petition coming on for ordes this day, Hon'ble

    Mr. Justice Tarlok Singh Chauhan, passed the following:




                                                                 .
                                          ORDER

Notice. Ms. Reeta Thakur, Advocate appears and

waives service of notice on behalf of the respondents No.1 to 3.

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

no longer res integra in view of the judgment rendered by this Court in

CWP No. 3050/2014, titled as Nek Ram vs. State of Himachal

Pradesh and ors., decided on 17.7.2014 (Annexure P-1).

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 pensionery/retiral

benefits to the petitioner within a period of six months from today

along-with interest @ 9% per annum and thereafter pension shall be

released to the petitioner regularly on first day of each month. Pending

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

4. For Compliance, list on 01.04.2022.

(Tarlok Singh Chauhan ) Judge

( Jyotsna Rewal Dua ) Judge

01st December 2021 (tarun)