Baldev Singh vs Himachal Road Transport ...
2021 Latest Caselaw 1414 HP

          HON'BLE HIGH COURT OF HIMACHAL PRADESH
                        AT SHIMLA
                                 CWP No. 1103 of 2021
                                 Decided on: 26.02.2021




                                                                          .
    Baldev Singh                                ...Petitioner.





                                Versus





    Himachal Road Transport Corporation & another    ....Respondents.
    .......................................................................................
    Coram
    Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    Hon'ble Ms Justice Jyotsna Rewal Dua, Judge.





    Whether approved for reporting?1 No.

    For the petitioner : r                   Mr. Rakesh Kumar, Advocate.

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

    Tarlok Singh Chauhan, Judge (Oral)

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 three

months from today and thereafter pension shall be released to him regularly

on first day of each month.

Whether reporters of the local papers may be allowed to see the judgment?

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.

Copy dasti.

                        r           to      (Tarlok Singh Chauhan)
                                                   Judge

                                             (Jyotsna Rewal Dua),
                                                    Judge
         February 26, 2021
           (rohit)