Sh. Joginder Singh vs Hrtc And Anr
2021 Latest Caselaw 2319 HP

           IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
                                                                     CWP No.1739 of 2021
                                                                Date of Decision: 19.3.2021

    Sh. Joginder Singh                                                              .....Petitioner.




                                                                                .
                                                 Versus





    HRTC and Anr.                                                             ...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. L.N. Sharma, Advocate.
        For the Respondents:              Mr. Vikas Rajput, 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:-

i. That the respondents be directed to immediately pay the

amount of gratuity, leave encashment, commutation of

Pension to the petitioner along with interest @9% per annum

on the pending dues under law.

ii. That the respondents may kindly be directed to extend the

benefit o the judgment passed by this Hon'ble Court in Nek

Ram versus State of H.P. & others (CWP No. 3050/2014),

decided on 17.7.2014 by considering his case at par with the

aforesaid judgment with all consequential benefits."

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.

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

...2...

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)