Sh. Daljeet Chand vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 4896 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
               ON THE 4th DAY OF OCTOBER, 2021
                            BEFORE




                                                           .
           HON'BLE MR. JUSTICE RAVI MALIMATH,





                     ACTING CHIEF JUSTICE
                               &





         HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

               CIVIL WRIT PETITION No.2749 of 2021





         Between:-

         SH. DALJEET CHAND,
         AGED ABOUT 59 YEARS,

         S/O LATE SH. RATAN CHAND,

         R/O VILLAGE TAPPA,
         P.O. PAHRA, TEHSIL PALAMPUR,
         DISTT. KANGRA, HP-176087.                    ....PETITIONER

         (BY SH. SHIVENDRA SINGH,


         ADVOCATE)

         AND




    1.   HIMACHAL ROAD TRANSPORT
         CORPORATION,





         THROUGH ITS MANAGING
         DIRECTOR,
         SHIMLA-171003.





    2.   REGIONAL MANAGER,
         HIMACHAL ROAD TRANSPORT
         CORPORATION,
         PALAMPUR, H.P.                          ....RESPONDENTS

        (BY SH. SHYAM SINGH
        CHAUHAN, ADVOCATE)
    ______________________________________________________




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                 This Civil Writ Petition coming on for admission this day,

    Hon'ble Mr. Justice Ravi Malimath, passed the following:


                               ORDER

.

The parties are 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 Versus

State of Himachal Pradesh and others, decided on 17.07.2014.

2. Accordingly, this writ petition is disposed off on the

basis of the ratio laid down in the aforesaid judgment.

3. Consequently, the respondents are directed to pay all

retiral benefits to the petitioner within a period of six months from

today. However, it is made clear that in case the retiral benefits are

not paid to the petitioner within the aforesaid time, then in addition to

the due statutory benefits, the petitioner shall also be paid interest at

the rate of 9% per annum beyond the period of six months till the

date of payment.

                                                     ( Ravi Malimath )
                                                    Acting Chief Justice




                                                   ( Jyotsna Rewal Dua )
          October 4, 2021                               Judge
               (Yashwant)