Decided On: 10Th March vs The Himachal Road Transport ...
2021 Latest Caselaw 1973 HP

          IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                               CWP No.1495 of 2021




                                                                             .

                                Decided on: 10th March, 2021
    ____________________________________________________________
    Pawan Kumar
                                                    .....Petitioner





                                       Versus

    The Himachal Road Transport Corporation
    and another




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

    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

    1Whether approved for reporting?
    ______________________________________________________



    For the petitioner:        Ms. Rajani Kumari, Advocate.

    For the respondents:                       Mr. Ajay Chauhan, Advocate.




    Jyotsna Rewal Dua, Judge (Oral)

The parties are at 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 17.7.2014 (Annexure P-1).

2. Accordingly, the instant petition is disposed off on

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

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.

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 miscellaneous applications are also

disposed off accordingly.

                                         ( Ravi Malimath )
                                               Judge





                                        ( Jyotsna Rewal Dua )
    March 10, 2021                             Judge
     Bhardwaj/Mukesh