Sohan Singh vs Himachal Road Transport ...
2021 Latest Caselaw 433 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                       CWP No. 657 of 2020




                                                                                   .
                                                       Date of decision: 6.1.2021





    Sohan Singh.                                                                        ...Petitioner.
                              Versus
    Himachal Road Transport Corporation & Another.                               ...Respondents





    Coram
    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?1

    For the Petitioner:


    For the Respondents:
                               r                to
                                          Mr.Manohar Lal Sharma, Advocate, through
                                          Video Conferencing.

                                          Mr.Shyam Singh Chauhan, Advocate, through

                                          Video Conferencing.

                      Vivek Singh Thakur, Judge (oral)

Present petition has been filed seeking direction to the

respondents to pay overstayal allowance to the petitioner w.e.f. 5.3.1996 to

31.12.2018 with interest at the rate of 12% per annum, as per rates fixed in

the transfer Policy as well as judgment passed by this High Court in CWP

No. 3097 of 2014, in case titled Devender Chauhan Vs. HRTC and another,

decided on 1.4.2015. Copy of judgment has been placed on record as

Annexure P-1.

2. Learned counsel for the respondents, under instructions,

submits that claim of petitioner that his case for payment of overstayal

allowance is covered by the judgment of this High Court passed in CWP No.

3097 of 2014, is accepted to be correct, however, the period for which the

petitioner is claiming the payment of overstayal allowance is required to be

verified from the record.

3. Learned counsel for the petitioner submits that petitioner would

be contended, in case respondent Corporation is directed to consider the

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

case of the petitioner in terms of judgment passed by this High Court in

CWP No. 3097 of 2014 and to pay the overstayal allowance for the period

claimed, after verification of the period for which petitioner is entitled.

.

4. In view of above, present petition is disposed of with findings

that case of the petitioner for payment of overstayal allowance is covered by

the judgment of this High Court in CWP No. 3097 of 2014, decided on

1.4.2015, titled Devender Chauhan Vs. HRTC and with direction to the

respondents to consider the claim of the petitioner and disburse the amount

payable to him after verification of period for which he is entitled for

overstayal allowance, on or before 26.2.2021.

The petition stands disposed of in the aforesaid terms.

                                                       (Vivek Singh Thakur),
     th


    6 January, 2021                                          Judge.
          (Keshav)