Decided On: 25Th February vs Himachal Road Transport ...
2021 Latest Caselaw 1309 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                                             .
                                               CWP No.1030 of 2021





                                  Decided on: 25th February, 2021
    __________________________________________________________________
    Ramesh Kumar
                                                         ....Petitioner.





                                               Versus


    Himachal Road Transport Corporation





                                                      ......Respondent.
    __________________________________________________________________
    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. G.R. Palsra, Advocate.


    For the respondent:                        Ms. Shubh Mahajan, Advocate.

    L. Narayana Swamy, Chief Justice                      (Oral)

Notice. Ms. Shubh Mahajan, learned counsel,

appears and accepts service of notice on behalf of the

respondent.

2. The writ petition is filed with the following

prayers:-

(a) "That the respondent Corporation may kindly be directed to release the amount(s) of death-cum- retirement gratuity, leave encashment, amount of Group Insurance and arrear of dearness allowance to

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

the petitioner immediately or within a time bound manner alongwith interest @ 12% per annum.

.

(b) That the respondent may kindly be directed to pay interest at the rate of 12% per annum w.e.f. 01.06.2019 on the arrear of amount of pension and

amount of commutation aforesaid alongwith interest @12% per annum since 01.06.2019 to December, 2019."

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.

Ms. Shubh Mahajan, Advocate, representing the

respondent, 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 respondent.

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 25, 2021 (Bhardwaj)