Om Prakash vs State
2021 Latest Caselaw 5058 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

              ON THE 26th DAY OF OCTOBER 2021

                           BEFORE




                                                    .

            HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,

                        CHIEF JUSTICE





                              &

                  HON'BLE MS. JUSTICE SABINA

              CIVIL WRIT PETITION No.5760 of 2020

      Between:-

     OM PRAKASH

     S/O SH. KHYALI RAM

     R/O VILLAGE & POST OFFICE ROPRI,

     TEHSIL & DISTRICT HAMIRPUR,
     HIMACHAL PRADESH
                                              .....PETITIONER


      (BY SH.TARUN K. SHARMA, ADVOCATE )

      AND




    1. HIMACHAL PRADESH TRANSPORT





       CORPORATION THROUGH ITS MANAGING
       DIRECTOR, SHIMLA, HIMACHAL PRADESH.
    2. THE REGIONAL MANAGER,





       HIMACHAL PRADESH TRANSPORT
       CORPORATION, HAMIRPUR,
       HIMACHAL PRADESH.
    3. FINANCE ADVISOR & CHIEF
       ACCOUNT OFFICER, HIMACHAL
       PRADESH TRANSPORT CORPORATION,
       SHIMLA, HIMACHAL PRADESH.
                                          .....RESPONDENTS




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                                       2



      (BY SH.VIKAS RAJPUT, ADVOCATE)
    _____________________________________________________

                  This petition coming on for orders this day, Hon'ble




                                                            .

    Mr. Justice Mohammad Rafiq, passed the following:

                                  ORDER

This writ petition has been filed by the petitioner Om

Prakash, who joined the service of the respondents-HRTC on 14th

September, 1978 and retired, as such, on 31 st July, 2005, after

completing 27 years of service. The respondents have granted full

pension only to those who have completed 33 years of qualifying

service. The learned counsel for the petitioner has relied upon the

judgment dated 1st September, 2020, passed by the Division Bench

of this Court in CWPOA No.7945 of 2019, titled K.P. Nayar vs. State

of H.P. and another, whereby it was held that the benefit of pension

should be granted to those who have completed more than 20 years

of service.

2. On the other hand, Mr.Vikas Rajput, learned counsel for

the respondents, has produced a copy of order dated 1 st February,

2021, passed by the Hon'ble Supreme Court in Special Leave to

Appeal (C) No(s). 572/2021, titled the State of Himachal Pradesh &

another vs. K.P. Nayar, whereby the Hon'ble Supreme Court has

stayed the operation of the aforesaid judgment. The learned

counsel for the respondents submits that the respondents shall

abide by the decision of the Hon'ble Supreme Court in respect of all

.

the similarly situated persons, including the petitioner.

3. Taking note of the aforesaid submissions of the learned

counsel for the respondents, we dispose of the present petition by

directing that if eventually, the SLP/appeal filed by the respondents

against the judgment delivered by the Division Bench of this Court in

K.P. Nayar's case (supra), is dismissed, the benefit flowing from that

judgment shall also be mutatis mutandis extended to the petitioner.

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

                                            ( Mohammad Rafiq )
                                               Chief Justice




                                               ( Sabina )





    October 26, 2021                            Judge
          (vt)