Himachal Pradesh High Court
Decided On: 23Rd February vs The Himachal Road Transport ... on 23 February, 2021
Bench: L. Narayana Swamy, Ravi Malimath
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
CWP No.989 of 2021
Decided on: 23rd February, 2021
__________________________________________________________________
Girdhari Lal
....Petitioner.
Versus
The Himachal Road Transport Corporation and others
......Respondents.
__________________________________________________________________
Coram
Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice.
Hon'ble Mr. Justice Ravi Malimath, Judge.
1 Whether approved for reporting?
______________________________________________________
For the petitioner: Mr. Bhupender S. Thakur and
Mr. Varun Thakur, Advocates.
For the respondents: Mr. Shyam S. Chauhan, Advocate.
L. Narayana Swamy, Chief Justice (Oral)
Notice. Mr. Shyam S. Chauhan, learned counsel,
appears and accepts service of notice on behalf of the
respondents.
2. The writ petition is filed with the following prayers:-
12(a) "That the writ of mandamus may be issued in favour
of the petitioner directing the respondents to release
the admissible amount of Gratuity and Leave
encashment alongwith interest @9% p.a. from the Due
Date (01-07-2019) to the petitioner till the actual date
Whether reporters of Local Papers may be allowed to see the judgment?
of payment, in a time bound manner and in view of
the decision of the Division Bench of the Hon'ble High
.
Court of Himachal Pradesh in a case titled as Sh. Nek
Ram Vs. State of H.P. & Others (CWP No.3050 of
2014 decided on 17-7-2014) at Annexure P-2.
(b) That the writ of mandamus may kindly be issued in
favour of the petitioner directing the respondents to
release the amount of interest @9% p.a. from the due
date (01-07-2019) to the actual date of payment on
the amount of Commuted amount of pension, Arrears
of pension and GPF.
(c) That the writ of mandamus may be issued in favour
of the petitioner directing the respondents to re-
calculate all the pensionary/retiral benefits of the
petitioner on the Dearness Allowance as was
admissible at the time of retirement of the petitioner
and the difference of balance so calculated may be
ordered to be released to him alongwith interest @9%
p.a. from the Due Date (01-07-2019) till the date of
realization of whole amount.
(d) That the respondents may also be directed to release
the monthly pension amount to the petitioner, in
future on 1st day of each month, regularly, in the
saving account of the petitioner, in his Bank account."
3. According to the petitioner, the issue is covered
in his favour by the judgment of this Court rendered in
CWP No.3050/2014, titled as Nek Ram Versus State of
Himachal Pradesh & others, decided on 17.7.2014. Mr. Shyam
S. Chauhan, Advocate, representing the respondents, concedes
that the petitioner is entitled to the relief prayed for, in view of the
.
judgment of this Court in Nek Ram's case supra. If that be so,
similar treatment be extended to the petitioner herein also as to
the petitioner in the above referred decision, in case the petitioner
is also similarly situated, within a period of three months from the
date of production of a copy of this judgment alongwith a copy of
the writ petition and copy of the judgment referred to above, by the
petitioner before the respondents.
4. With these observations, the writ petition stands
disposed of, so also the pending application(s), if any.
(L. Narayana Swamy)
Chief Justice
(Ravi Malimath)
Judge
February 23, 2021
(Bhardwaj)
