P.P.O. No.Hrtc-6238) vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 4281 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

               ON THE 2nd DAY OF SEPTEMBER, 2021




                                                       .

                            BEFORE

         HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                &

               HON'BLE MR. JUSTICE SATYEN VAIDYA





               CIVIL WRIT PETITION No. 3232 of 2021

         Between:-
         KIRPAL SINGH

         (RETIRED AS SUB-INSPECTOR

         P.P.O. NO.HRTC-6238), SON OF
         SH. MANGAT RAM, AGED 60 YEARS,
         RESIDENT OF VILLAGE &
         POST OFFICE PANJAHRA,
         TEHSIL NURPUR, DISTRICT KANGRA,



         HIMACHAL PRADESH.

                                                    ......PETITIONER




         (BY SH. ASHISH VERMA, ADVOCATE)





         AND

    1.   HIMACHAL ROAD TRANSPORT





         CORPORATION, THROUGH
         ITS MANAGING DIRECTOR,
         SHIMLA-171003
    2.   THE FINANCIAL ADVISOR-CUM-
         CHIEF ACCOUNTS OFFICER,
         HRTC, HEAD OFFICE, SHIMLA,
         HP-171003.




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    3.    REGIONAL MANAGER,
          HIMACHAL ROAD TRANSPORT




                                                                 .
          CORPORATION, PATHANKOT, PB.





                                                         ......RESPONDENTS

         (BY SH. VIKAS RAJPUT, ADVOCATE)





          This petition coming on for admission before notice this day,

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





                                  ORDER

The parties are at 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 3050/2014, titled Nek Ram

Versus State of Himachal Pradesh and others, decided on

17.7.2014.

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 and thereafter pension shall be released to

him regularly on first day of each month.

4. However, it is made clear that in case the pensionary

and retiral benefits are not extended to the petitioner within the

aforesaid time, then in addition to the pensionary and retiral benefits,

.

even the petitioner shall also be entitled to interest at the rate of 9%

per annum from the due date. Pending application(s), if any, also

stand disposed of. No order as to costs.

5. For compliance, to come up on 01.04.2022.

                    r           to               (Tarlok Singh Chauhan)
                                                          Judge

                                                        (Satyen Vaidya)
                                                          Judge
    2nd September, 2021
          (Bhardwaj)