From Mandi Region vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 4323 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                 ON THE 3rd DAY OF SEPTEMBER 2021




                                                            .
                                 BEFORE





          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                                     &





                HON'BLE MR. JUSTICE SATYEN VAIDYA

                 CIVIL WRIT PETITION No. 5001 of 2021

          Between:-





          JEET LAL,
          S/O SH. DILA RAM,
          RESIDENT OF VILLAGE ARNOLI, P.O.
          & TEHSIL KOTLI, DISTRICT MANDI,

          H.P., RETIRED AS SUB INSPECTOR

          FROM MANDI REGION.
                                                         ......PETITIONER
          (BY SH. G.R. PALSRA, ADVOCATE)
          AND



          HIMACHAL ROAD TRANSPORT
          CORPORATION THROUGH
          ITS MANAGING DIRECTOR,




          SHIMLA-3.
                                                      ......RESPONDENT





          (BY SH. V.B. VERMA, ADVOCATE)

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





    Mr. Justice Tarlok Singh Chauhan, passed the following:

                                ORDER

Notice. Mr. V.B. Verma, learned Standing Counsel,

appears and waives service of notice on behalf of the respondent.

2. 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.

3. Accordingly, the instant petition is disposed of on the

basis of the ratio laid down in the aforesaid judgment.

4. Consequently, the respondent is directed to release all

the pensionary and retiral benefits to the petitioner within a period of

5.

r to six months from today and thereafter pension shall be released to

him regularly on first day of each month.

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.

6. For compliance, to come up on 01.04.2022.

(Tarlok Singh Chauhan) Judge

(Satyen Vaidya) Judge September 03, 2021 ( Himalvi )