Rakker Khas vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 4513 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

               ON THE 14th DAY OF SEPTEMBER, 2021




                                                         .

                             BEFORE

         HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                              &





             HON'BLE MR. JUSTICE SATYEN VAIDYA

                CIVIL WRIT PETITION No.5275 of 2021

         Between:-

         SH. KAMAL PAL
         S/o SH. PYARE LAL,

         R/o VILL. GARLI, TEHSIL

         RAKKER KHAS, DISTRICT KANGRA
         H.P.

                                        ......PETITIONER
         (BY SH. JEEVESH SHARMA, ADVOCATE VICE MR. INDERJIT
         SINGH NARWAL, ADVOCATE)


         AND
    1.   HIMACHAL ROAD TRANSPORT
         CORPORATION THROGH ITS




         MANAGING DIRECTOR
         SHIMLA-HP.





    2.   THE FINANCIAL ADVISOR-CUM-CHIEF
         ACCOUNTANT OFFICER, HIMACHAL
         PRADESH ROAD TRANSPORT





         CORPORATION SHIMLA H.P.

    3.   REGIONAL MANAGER, HRTC, DEHRA
         H.P.
                                             ......RESPONDENTS
    (BY MS. SHUBH MAHAJAN, ADVOCATE)




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                                      2




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

    Mr. Justice Tarlok Singh Chauhan, passed the following:




                                                             .

                                  ORDER

Notice. Ms. Shubh Mahajan, 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, also stands disposed

of.

For compliance to come up on 01.04.2022.

.

(Tarlok Singh Chauhan)

Judge

(Satyen Vaidya) Judge

14th September, 2021.

(trn)