Decided On: 24Th February vs Himachal Road Transport ...
2021 Latest Caselaw 1226 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                                             .
                                               CWP No.1051 of 2021





                                  Decided on: 24th February, 2021
    __________________________________________________________________
    Ramesh Kumar
                                                         ....Petitioner.





                                               Versus

    Himachal Road Transport Corporation and another





                                                     ......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. Ashok Kumar, Advocate.



    For the respondents:                       Mr. Ajay Kumar Chauhan, Advocate.

    L. Narayana Swamy, Chief Justice                      (Oral)

Notice. Mr. Ajay Kumar Chauhan, learned

counsel, appears and accepts service of notice on behalf

of the respondents.

2. The writ petition is filed with the following

prayer:-

(i) "That respondents may kindly be directed to release/ make actual payment of all remaining retiral benefits of the applicant alongwith 9% interest forthwith, for delay on the part of respondent Corporation and loss

Whether reporters of Local Papers may be allowed to see the judgment?

of accretion of capital, from due date till actual payment is made, being a squarely covered matter

.

with CWP No.3050/2014, titled as Nek Ram v/s State of H.P. & others and CWP No.605/2019 titled as Hukam Chand v/s HRTC. Further respondents

may also be directed to pay interest on the all delayed payments from the due date. Further the respondents may kindly be directed to calculate the

DCRG of the petitioner in consonance with the prevailing Dearness Allowances & Arrears alongwith interest at all delayed payments from the due date."

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. Ajay Kumar 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 24, 2021 (Bhardwaj)