59 Years vs State Of Himachal
2021 Latest Caselaw 4976 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

.

ON THE 8th DAY OF OCTOBER, 2021

BEFORE

HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

&

HON'BLE MR. JUSTICE SATYEN VAIDYA

Between:-

r to CIVIL WRIT PETITION No.6406 of 2021

SH. CHANDAN SINGH, AGED ABOUT

59 YEARS, OCCUPATION RETIRED AS (BLACK SMITH) GOVT. EMPLOYEE (FROM ROHROO IN 30.11.2020) S/O LATE SH. RATI RAM, R/O VILLAGE KOTI, P.O. PUJARLI-4, TEHSIL ROHROO,

DISTRICT SHIMLA, H.P. ......PETITIONER.

(BY SH. SHIVENDRA SINGH, ADVOCATE)

AND

1. STATE OF HP, PRINCIPAL SECRETARY TRANSPORT GOVT. OF HIMACHAL PRADESH.

2. ADDITIONAL CHIEF SECRETARY FINANCE TO THE GOVT. OF HIMACHAL PRADESH, SHIMLA.

3. HIMACHAL ROAD TRANSPORT CORPORATION THROUGH ITS MANAGING DIRECTOR, SHIMLA-171003.

4. REGIONAL MANAGER HIMACHAL ROAD TRANSPORT CORPORATION ROHROO, DISTRICT SHIMLA, H.P. ......RESPONDENTS.

(SH.ASHOK SHARMA, ADVOCATE GENERAL

WITH SH. RAJINDER DOGRA, SENIOR ADDITIONAL ADVOCATE GENERAL, SH. VINOD THAKUR, SH. SHIV PAL MANHANS,

.

SH. HEMANSHU MISRA, ADDITIONAL

ADVOCATE GENERALS AND SH. BHUPINDER THAKUR, DEPUTY ADVOCATE GENERAL, FOR RESPONDENTS-1 AND 2)

(SH. SHYAM SINGH CHAUHAN, ADVOCATE, FOR RESPONDENTS-3 AND 4)

This petition coming on for admission before notice this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the following:

                   r    ORDER

               The parties are ad idem          that the issue in

question is no longer res integra in view of the judgment

rendered by the Division Bench of this Court in CWP No.

3050 of 2014, titled Nek Ram vs. State of Himachal

Pradesh and others, decided on 17.07.2014.

2. Accordingly, the instant petition is disposed of on

the basis of the ratio laid down in the aforesaid judgment.

3. Consequently, the respondents are directed to

release all the pensionary and retiral benefits to the

petitioner within a period of six months from today at the

rate of 9% per annum from the due date and thereafter

pension shall be released to him regularly on first day of

each month.

Pending application(s), if any, also stand

disposed of.

.

For compliance, to come up on 01.04.2022.

Copy 'dasti'.

(Tarlok Singh Chauhan) Judge

(Satyen Vaidya) Judge

8th October, 2021.

(krt)