Driver From Hrtc Nalagarh Unit) vs State Of Himachal
2021 Latest Caselaw 4490 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                        .

             ON THE 10th DAY OF SEPTEMBER, 2021

                             BEFORE





          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                               &
              HON'BLE MR. JUSTICE SATYEN VAIDYA





                  CIVIL WRIT PETITION No.5137 of 2021

            Between:-

            KHUSHI RAM

            S/o LATE SH. LEKH RAM
            R/o VILLAGE AND POST OFFICE
            KHERA TEHSIL NALAGARH AND
            DISTRICT SOLAN H.P. (RETIRED AS


            DRIVER FROM HRTC NALAGARH UNIT).
                                            ......PETITIONER




            (BY SH. AHOK KUMAR, ADVOCATE)

            AND





     1.     HIMACHAL ROAD TRANSPORT





            CORPORATION (HRTC) THROGH ITS
            MANAGING DIRECTOR OLD BUST STAND
            SHIMLA-1.


     2.     THE FINANCIAL ADVISOR-CUM-CHIEF
            ACCOUNTANT OFFICER, HIMACHAL
            PRADESH ROAD TRANSPORT
            CORPORATION AD OFFICE
            OLD BUS STAND, SHIMLA.
                                      ......RESPONDENTS




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                                     2




         (SH. AJAY CHAUHAN, ADVOCATE)




                                                            .
                 This petition coming on for orders this day,





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

    following:





                               ORDER

Notice, Mr. Ajay Chauhan, Advocate, appears and

waives service of notice on behalf of the respondents.

The parties are ad idem that the issue in

question is no longer res integra in view of the judgment

rendered by a Division Bench of this Court in CWP

No.3050 of 2014, titled Nek Ram vs. State of Himachal

Pradesh and others, decided on 17.07.2014.

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, alongwith

interest @ 9% per annum, 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.

Pending applications, if any, stands disposed of.

For compliance to come up on 01.04.2022.

.

(Tarlok Singh Chauhan) Judge

(Satyen Vaidya) Judge

10th September, 2021.

(trn)