Decided On: 29Th June vs Himachal Road Transport ...
2021 Latest Caselaw 2988 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                          CWP No.3547 of 2021




                                                               .

                                    Decided on: 29th June, 2021
    ____________________________________________________________
    Khem Singh
                                                    .....Petitioner





                                   Versus

    Himachal Road Transport Corporation
    and another





                                                  .....Respondents
    _____________________________________________________________
    Coram
    Hon'ble Mr. Justice Ravi Malimath, Judge

    Hon'ble Mr. Justice Satyen Vaidya, Judge

    Whether approved for reporting?
    ______________________________________________________
    For the petitioner:         Mr.   Rakesh     Kumar     Dogra,
                                Advocate.


    For the respondents:           Ms.     Shubh      Mahajan,
                                   Advocate.
                                   (Through Video Conferencing)




    Ravi Malimath, 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 Versus State of Himachal Pradesh and others,

decided on 17.07.2014, vide Annexure P-1.

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

2. Accordingly, the writ petition is disposed off 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 the first day of

every month.

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.

                                                 ( Ravi Malimath )
                                                        Judge





                                                 ( Satyen Vaidya )
    June 29, 2021                                      Judge
    (Naveen/Himalvi)