Between:- R vs State Of H.P. & Others
2021 Latest Caselaw 5178 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 11th DAY OF NOVEMBER, 2021 BEFORE

.

HON'BLE MR. JUSTICE MOHAMMAD RAFIQ CHIEF JUSTICE &

HON'BLE MS. JUSTICE SABINA CIVIL WRIT PETITION Nos.6968, 6990, 6991, 6995, 6996, 6997, 6998, & 7004 of 2021.

1.CIVIL WRIT PETITION No.6968 of 2021. Between:- r RAJ KUMAR, S/O LATE SH. BAKSHI RAM, RESIDENT OF VILLAGE & P.O. BARIN,

TEHSIL BALDWARA, DISTRICT MANDI, H.P. RETIRED AS HEAD MECHANIC FROM HRTC, SARKAGHAT.

......PETITIONER

(BY MS. SHAILJA, ADVOCATE VICE MR. NEEL KAMAL SHARMA, ADVOCATE)

AND

1. HIMACHAL ROAD TRANSPORT

CORPORATION THROUGH ITS MANAGING DIRECTOR SHIMLA-3.

2. REGIONAL MANAGER, HRTC,

SARKAGHAT, DISTRICT MANDI, H.P.

.... RESPONDENTS.

(BY MR. AJIT SINGH SAKLANI, ADVOCATE)

2. CIVIL WRIT PETITION No.6990 of 2021. Between:-

SURESH KUMAR S/O SH. SHIV RAM R/O VILLAGE AND POST OFFICE BASSA WAZIRAN, TEHSIL NURPUR, DISTRICT KANGRA H.P.

(RETIRED AS FITTER FROM HRTC PATHANKOT UNIT) ......PETITIONER

.

(BY MR. ASHOK KUMAR, ADVOCATE)

AND

1. HIMACHAL ROAD 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

AD OFFICE OLD BUS STAND SHIMLA.

r .... RESPONDENTS.

(BY MR. AJAY CHAUHAN, ADVOCATE)

3. CIVIL WRIT PETITION No.6991 of 2021. Between:-

VIJAY KUMAR S/O LATE SH. PURAN SINGH R/O VILLAGE CHAMYAKULI, POST OFFICE JAGJEET NAGER, TEHSIL KASAULI AND DISTRICT SOLAN, H.P. (RETIRED AS SUB-

INSPECTOR FROM HRTC PARWANOO UNIT) ......PETITIONER

(BY MR. ASHOK KUMAR, 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 AD OFFICE OLD BUS STAND SHIMLA.

.... RESPONDENTS.

(BY MR. AJAY CHAUHAN, ADVOCATE)

4. CIVIL WRIT PETITION No.6995 of 2021. Between:-

.

NASIB CHAND S/O SH. DINA NATH

R/O VILLAGE MASTANPURA, POST OFFICE KHILLIYA TEHSIL NALAGARH AND DISTRICT SOLAN, H.P. (RETIRED AS INSPECTOR FROM HRTC NALAGARH UNIT)

......PETITIONER

(BY MR. ASHOK KUMAR, 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 AD OFFICE OLD BUS STAND SHIMLA.

.... RESPONDENTS.

(BY MR. AJAY CHAUHAN, ADVOCATE)

5. CIVIL WRIT PETITION No.6996 of 2021. Between:-

SHRI KRISHAN S/O LATE SH. RAJA RAM

R/O VILLAGE KHARAT, POST OFFICE MASLI, TEHSIL CHIDGAM AND DISTRICT SHIMLA H.P. (RETIRED AS HEAD MECHANIC FROM HRTC ROHRU UNIT)

......PETITIONER (BY MR. ASHOK KUMAR, 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 AD OFFICE OLD BUS STAND SHIMLA.

.... RESPONDENTS.

(BY MR. AJAY CHAUHAN, ADVOCATE)

6. CIVIL WRIT PETITION No.6997 of 2021. Between:-

.

MOHINDER SINGH S/O SH. MELAR R/O VILLAGE AND POST OFFICE KHERA CHAK TEHSIL NALAGARH AND DISTRICT SOLAN H.P.

(RETIRED AS INSPECTOR FROM HRTC NALAGARH UNIT) ......PETITIONER

(BY MR. ASHOK KUMAR, 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 AD OFFICE OLD BUS STAND SHIMLA.

.... RESPONDENTS.

(BY MR. AJAY CHAUHAN, ADVOCATE)

7.CIVIL WRIT PETITION No.6998 of 2021.

Between:-

SHYAM SINGH S/O SH. RAJA RAM R/O VILLAGE PALLI, POST OFFICE

PANJEHRE, TEHSIL NALAGARH AND DISTRICT SOLAN, H.P. (RETIRED AS INSPECTOR FROM HRTC NALAGARH UNIT) ......PETITIONER

(BY MR. ASHOK KUMAR, 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 AD OFFICE OLD BUS STAND SHIMLA.

.

.... RESPONDENTS.

(BY MR. AJAY CHAUHAN, ADVOCATE)

8. CIVIL WRIT PETITION No.7004 of 2021.

Between:-

RAVINDER SINGH S/O LATE SH. SANT RAM,

RESIDENT OF VILLAGE DODAR,

P.O. RAKHOH, TEHSIL SARKAGHAT,

DISTRICT MANDI, H.P. RETIRED AS DRIVER FROM HRTC SARKAGHAT) ......PETITIONER

(BY MS. SHAILJA, ADVOCATE VICE

MR. NEEL KAMAL SHARMA, ADVOCATE) AND

1. HIMACHAL ROAD TRANSPORT CORPORATION THROUGH ITS

MANAGING DIRECTOR SHIMLA-3.

2. REGIONAL MANAGER, HRTC, SARKAGHAT, DISTRICT MANDI, H.P.

.... RESPONDENTS.

(BY MR. AJIT SINGH SAKLANI, ADVOCATE)

These petitions coming on for admission before notice 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 17.7.2014 in CWP No. 3050 of 2014, titled

Nek Ram vs. State of H.P. & 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. Learned counsel for the respondent-corporation has

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, the 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.

Pending application(s), if any, shall also stand disposed of.

                                                           (Mohammad Rafiq)
                                                            Chief Justice



    November 11, 2021(ps)
                                   to                               (Sabina)
                                                                     Judge