Between vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 5152 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 9th DAY OF NOVEMBER, 2021




                                                         .

                               BEFORE

              HON'BLE MR. JUSTICE MOHAMMAD RAFIQ





                            CHIEF JUSTICE
                                  &
                      HON'BLE MS. JUSTICE SABINA





         CIVIL WRIT PETITION Nos.6927 of 2021 & 6928 of 2021

    1.    CIVIL WRIT PETITION No.6927 of 2021
          Between:-


          NAND LAL (AGED 58 YEARS),
          S/O SH. KIRPA RAM,
          R/O VILLAGE & P.O. KOTHIPURA,
          TEHSIL SADAR, DISTT. BILASPUR,


          H.P., RETIRED AS UPHOSTER
          FROM HRTC BILASPUR.
                                                       ......PETITIONER




          (BY SH. VARUN CHANDEL, ADVOCATE)





          AND
    1.    HIMACHAL ROAD TRANSPORT
          CORPORATION (HRTC),





          THROUGH ITS
          MANAGING DIRECTOR,
          OLD BUS STAND SHIMLA-1
    2.    THE FINANCIAL ADVISOR-CUM-
          CHIEF ACCOUNTANT OFFICER,
          HIMACHAL PRADESH ROAD
          TRANSPORT CORPORATION
          AT OFFICE OLD BUS STAND SHIMLA




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                                -2-



    3.   REGIONAL MANAGER,
         HRTC DEPOT, BILASPUR,
         DISTT. BILASPUR, H.P.




                                                       .
                                                 .... RESPONDENTS





         (BY SH. AJEET SINGH SAKLANI,
         ADVOCATE)





                              AND

    2.   CIVIL WRIT PETITION No.6928 of 2021
         Between:-





         MOHINDER SINGH PATHANIA
         (AGED 58 YEARS,
         S/O SH. CHARAN SINGH PATHANIA,
         NEAR TOTA RAM BUILDING,

         MIDDLE BAZAAR SECTOR-II,

         NEW SHIMLA, H.P., RETIRED AS
         DEPUTY DIVISIONAL MANAGER
         FROM HRTC HQ SHIMLA
                                                     ......PETITIONER
         (BY SH. VARUN CHANDEL, ADVOCATE)



         AND
    1.   HIMACHAL RAOD TRANSPORT




         CORPORATION (HRTC),
         THROUGH ITS
         MANAGING DIRECTOR





         OLD BUST STAND SHIMLA-1
    2.   THE FINANCIAL ADVISOR-CUM-





         CHIEF ACCOUNTANT OFFICER,
         HIMACHAL PRADESH ROAD
         TRANSPORT CORPORATION
         AT OFFICE OLD BUS STAND
         SHIMLA
                                                 .... RESPONDENTS

         (BY MS. SHUBH MAHAJAN, ADVOCATE)




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          These     petitions   coming   on    for   admission        this     day,

    Hon'ble Mr. Justice Mohammad Rafiq, passed the following:




                                                               .

                                     ORDER

Learned counsel for the petitioners argued that the

controversy raised in these matters is squarely covered by a batch

decision of this Court dated 17.07.2014 in CWP No.3050 of 2014,

titled Nek Ram Versus State of Himachal Pradesh and others, by

which the respondent-Corporation was directed to release all the

pensionery/retiral benefits to the petitioners and all similarly situated

persons within a period of three months together with interest @9%

per annum from the due date.

2. The learned counsel for the respondent-Corporation

have submitted that subsequently, when the similar matters came up

before a Division Bench of this Court in CWP No.4377 of 2021 and

connected matters, the Court, looking into the facts of the case,

directed the respondent-Corporation to pay the retiral benefits to the

petitioners in those cases, within a period of six months from the

date of judgment and further directed that in case the retiral benefits

are not paid to the petitioners within the aforesaid time, then in

addition to the due statutory benefits, the petitioners shall also be

paid interest at the rate of 9% per annum beyond the period of six

months till the date of payment.

.

3. In view of the aforesaid facts and circumstances, these

writ petitions are disposed of with a direction to the respondent-

Corporation to pay all retiral benefits to the petitioners within a period

of six months from today. In case such retiral dues are not paid

within a period of six months, the respondent-Corporation shall be

under obligation to pay interest at the rate of 9% per annum on the

entire amount of the retiral dues beyond the period of six months till

the date of actual payment.

4. Pending miscellaneous application(s), if any, shall also

stand disposed of.

                                                    (Mohammad Rafiq)
                                                      Chief Justice






                                                           (Sabina)
    November 09, 2021                                        Judge
         (Bhardwaj)