Ajay Kumar vs Hrtc And Ors
2021 Latest Caselaw 2313 HP

           IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
                                                                     CWP No.1768 of 2021
                                                                Date of Decision: 19.3.2021

    Ajay Kumar                                                                      .....Petitioner.




                                                                                .
                                                  Versus





    HRTC and Ors.                                                             ...Respondents.
    Coram:
    The Hon'ble Mr. Justice Sureshwar Thakur, Judge.





    The Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting?1
     For the Petitioner:      Mr. Bhupdner S. Thakur and Mr. Varun
                              Thakur, Advocates.





        For the Respondents:              Mr. Shyam Singh Chauhan, Advocate.
                                                                                       _______
    Sandeep Sharma, J. (oral)

By way of instant petition filed under Article 226 of the

Constitution of India, petitioner has prayed for following reliefs:-

a) That the writ of mandamus may kindly be issued in favour of the petitioner directing the respondents to release the admissible amount

of Gratuity and Leave encashment, Commuted amount of pension, the arrears of pension and GPF along with interest @9% p.a. from the Due Date (01-12-2020) to the petitioner till the actual date of

payment, in a time bound manner and in view of the decision of the Division Bench of the Hon'ble High Court of Himachal Pradesh in a

case titled as Sh. Nek Ram Vs. State of H.P. & Others (CWP No. 3050/2014 decided on 17.7.2014) at Annexure P-2.

b) That the writ of mandamus may be issued in favour of the petitioner directing the respondents to calculate all the pensionary/retiral benefits of the petitioner on the Dearness Allowance as was admissible at the time of retirement of the petitioner and the amount so calculated may be ordered to be released to him alongwith interest @ 9% p.a. from the Due Date (01- 12-2020) till the date of realization of whole amount.

c) That the respondents may also be directed to release the monthly pension amount to the petitioner, in future on 1st day of each month,

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

...2...

regularly, in the saving account of the petitioner, in his Bank

.

account."

2. Learned counsel for the parties are ad-idem that case of the

petitioner is squarely covered by the judgment dated 17.7.2014, passed by

a coordinate Bench this Court in CWP No. 3050 of 2014, titled Nek Ram v.

State of HP and Ors.

3. Having carefully perused aforesaid judgment rendered by the

coordinate Bench of this court, this Court finds that case of the petitioner is

identical to the aforesaid case decided by this Court. Vide aforesaid

judgment, this Court has already dealt with all the points raised in the instant

petition and as such, respondents can be directed to decide the case of

the petitioner in light of the aforesaid judgment rendered by the Division

Bench of this court.

4. Consequently, In view of the above, the directions contained

in the aforesaid judgment are ordered to be made mutatis mutandis

applicable in the present case for all intents and purposes. In the aforesaid

terms, present petition is disposed of alongwith pending application(s), if

any.

( Sureshwar Thakur ), Judge

( Sandeep Sharma ), Judge 19th March, 2021 (Manjit/Shankar)