Sh. Vikram Singh vs State Of H.P. & Others
2021 Latest Caselaw 5119 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                        .
                  ON THE 21st DAY OF OCTOBER, 2021





                            BEFORE
             HON'BLE MR. JUSTICE MOHAMMAD RAFIQ





                       CHIEF JUSTICE
                               &
                HON'BLE MS. JUSTICE SABINA




       Between:
                   r          to
             CIVIL WRIT PETITION No.6782 of 2021

       SH. VIKRAM SINGH, S/O SH. KIRPA
       RAM, R/O VILL. SHEELA TIKKAR,
       PO. BHALETH, TEHSIL SUJANPUR,
       DISTRICT HAMIRPUR, H.P.



                                            ......PETITIONER

       (BY MR. INDERJEET SINGH NARWAL,




       ADVOCATE)





       AND

    1. HIMACHAL ROAD       TRANSPORT





       CORPORATION,   THROUGH      ITS
       MANAGING DIRECTOR, SHIMLA, H.P.
    2. THE FINANCIAL ADVISOR CUM
       CAO HRTC, SHIMLA, H.P.
    3. REGIONAL    MANAGER,     HRTC,
       NAGROTA BAGWAN, H.P.

                                          ...RESPONDENTS


       (BY  MS.       SHUBH     MAHAJAN,
       ADVOCATE.)




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               CIVIL WRIT PETITION No.6783 of 2021




                                                               .

        Between:

        SH. RAMESH CHAND, S/O SH.
        AMAR SINGH, R/O VILL. & PO





        LADROUR,    TEHSIL   BHORANJ,
        DISTRICT HAMIRPUR, H.P.

                                                   ......PETITIONER





        (BY MR. INDERJEET SINGH NARWAL,
        ADVOCATE)

        AND

     4. HIMACHAL ROAD       TRANSPORT

        CORPORATION,   THROUGH      ITS
        MANAGING DIRECTOR, SHIMLA, H.P.
     5. THE FINANCIAL ADVISOR CUM
        CAO HRTC, SHIMLA, H.P.


     6. REGIONAL    MANAGER,     HRTC,
        NAGROTA BAGWAN, H.P.

                                                 ...RESPONDENTS




        (BY  MS.         SHUBH       MAHAJAN,





        ADVOCATE.)

    ____________________________________________________





                 These petitions coming on for admission 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                      ( Mohammad Rafiq )

                                                 Chief Justice



                                                 ( Sabina )
                                                    Judge
    October 29, 2021




      (hemlata)