Between vs H.P. & Others
2021 Latest Caselaw 5020 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                     ON THE 22nd DAY OF OCTOBER, 2021
                                 BEFORE




                                                            .

               HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
                              CHIEF JUSTICE
                                  AND





                       HON'BLE MS. JUSTICE SABINA
          CIVIL WRIT PETITION Nos.6519, 6520 & 6521 of 2021.
    1.   CIVIL WRIT PETITION No.6519 of 2021.




         Between:-

         SUGREEV KUMAR S/O SH. GOPAL CHAND
         R/O VILLAGE AND POST OFFICE NAGEHAR,

         TEHSIL AND DISTRICT KANGRA, H.P.

         (RETIRED AS DRIVER FROM HRTC
         BAIJNATH UNIT)
                                            ......PETITIONER


         (BY MR. ASHOK KUMAR, ADVOCATE)
         AND
    1.   HIMACHAL RAOD 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.

         (MR. AJAY CHAUHAN, ADVOCATE).

    2.   CIVIL WRIT PETITION No.6520 of 2021.
         Between:-

         KIRPA RAM S/O LATE SH. NAROTTAM
         RAM SHARMA R/O VILLAGE AND
         POST OFFICE KRISHANGARH LHUTHAD
         TEHSIL KAUSHALI AND DISTRICT SOLAN
         H.P. (RETIRED AS SUB-INSPECTOR FROM




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         HRTC LOCAL UNIT DHALLI)
                                                        ......PETITIONER

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





                                                    .... RESPONDENTS.

         (MR. AJAY CHAUHAN, ADVOCATE).

    3.   CIVIL WRIT PETITION No.6521 of 2021.

         Between:-

         RAJINDER SINGH S/O SH. RATTANN
         CHAND R/O VILLAGE RANKA POST


         OFFICE TRIPPLE TEHSIL DEHRA AND
         DISTRICT KANGRA, H.P. (RETIRED AS
         TIRE MAN FROM HRTC LOCAL DEHRA UNIT)
                                           ......PETITIONER




         (BY MR. ASHOK KUMAR, ADVOCATE)





         AND
    1.   HIMACHAL RAOD 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.

         (MR. AJAY CHAUHAN, ADVOCATE).




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           This petition 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.

                        r             to                   (Mohammad Rafiq)
                                                             Chief Justice

                                                                 (Sabina)
                                                                  Judge
    October 22, 2021(ps)