Between vs Consequently
2021 Latest Caselaw 5076 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 27TH DAY OF OCTOBER, 2021

                                  BEFORE




                                                               .
          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                      &
             HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





                  CIVIL WRIT PETITION NO. 6682/2021

    BETWEEN:
    SHRI RAMESH CHAND,





    S/O LATE SHRI SALI RAM,
    RESIDENT OF VPO ARLA,
    TEHSIL PALAMPUR, DISTRICT KANGRA,
    H.P., PRESENTLY RETIRED AS ELECTRICIAN,

    FROM HRTC PALAMPUR, H.P.
    DOR 31.12.2020.

                                          .... PETITIONER
    (BY SH. SANJAY SINGH CHAUHAN, ADVOCATE.)

    AND



    1.    THE HIMACHAL PRADESH TRANSPORT,
          CORPORATION, SHIMLA,
          THROUGH ITS MANAGING DIRECTOR,




          HP-171003.
    2.    THE REGIONAL MANAGER,
          HIMACHAL ROAD TRANSPORT





          CORPORATION, PALAMPUR,
          KANGRA, H.P.
                                     .... RESPONDENTS





    (BY SH. VIR BAHADUR VERMA, ADVOCATE)
    ___________________________________________________________________

                 This petition coming on for admission after notice this

    day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the

    following:

                 ORDER

Notice. Mr. Vir Bahadur Verma, Advocate, appears

and waives service of notice on behalf of the respondents.

2. The parties are at ad idem that the issue in question

is no longer res integra in view of the judgment rendered by this

Court in CWP No. 3050/2014, titled as Nek Ram vs. State of

.

Himachal Pradesh and ors., decided on 17.7.2014.

3 Accordingly, the instant petition is disposed of on the

basis of the ratio laid down in the aforesaid judgment.

Consequently, the respondents are directed to release all the

pensionery/retiral benefits to the petitioner along with interest @

9% per annum from due date within a period of five months from

today and thereafter pension shall be released to the petitioner

regularly on first day of each month. Pending application(s), if

any, also stands disposed of.

4 For Compliance, list on 1.4.2022.

                                               (Tarlok Singh Chauhan)




                                                       Judge





                                                (Jyotsna Rewal Dua)
    27.10.2021                                        Judge





        (pankaj)