Between vs State Of
2021 Latest Caselaw 4644 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

               ON THE 22nd DAY OF SEPTEMBER 2021




                                                       .
                             BEFORE





               HON'BLE MR. JUSTICE RAVI MALIMATH,





                      ACTING CHIEF JUSTICE
                                &
             HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





                CIVIL WRIT PETITION No.5686 of 2021

       Between:-
       RAJINDER KUMAR,

       S/O SH. DUNI CHAND,
       R/O VILLAGE DURGA NAGAR,

       P.O. BEHIKHLI, TEHSIL AND
       DISTRICT KULLU, H.P.
                                                    ......PETITIONER
       (BY SH. INDERJIT SINGH NARWAL,


        ADVOCATE)

       AND




    1. STATE OF HIMACHAL PRADESH,
       THROUGH ITS SECRETARY





       (TRANSPORT) TO THE GOVERNMENT
       OF HIMACHAL PRADESH.
    2. HIMACHAL ROAD TRANSPORT





       CORPORATION, THROUGH ITS
       MANAGING DIRECTOR,
       SHIMLA, H.P.
    3. THE FINANCIAL ADVISOR CUM
       CHIEF ACCOUNTANT OFFICER,
       HRTC, SHIMLA, H.P.
    4. REGIONAL MANAGER,
       HRTC, KULLU UNIT, H.P.
                                               ......RESPONDENTS




                                      ::: Downloaded on - 31/01/2022 23:06:28 :::CIS
                                        -2-

         (SH. ASHOK SHARMA,
          ADVOCATE GENERAL WITH
          SH. RANJAN SHARMA, MS. RITTA
          GOSWAMI & SH. VIKAS RATHORE,




                                                                .
          ADDITIONAL ADVOCATES GENERAL,





          FOR R-1,
          MS. SHUBH MAHAJAN,
          ADVOCATE, FOR R- 2 TO R-4)





            This petition coming on for admission this day, Hon'ble
    Mr. Justice Ravi Malimath, passed the following:





                                   ORDER

Notice. rMr. Ranjan Sharma, learned Additional Advocate

General and Ms. Shubh Mahajan, learned Standing Counsel, take

notice on behalf of respondent No.1 and respondents No.2 to 4,

respectively.

2. 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.3050/2014, titled Nek Ram Versus State of

Himachal Pradesh and others, decided on 17.7.2014 (Annexure

P-1).

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

the ratio laid down in the aforesaid judgment.

4. Consequently, the respondents are directed to pay all retiral

benefits to the petitioner within a period of six months from today.

However, it is made clear that in case the retiral benefits are not

paid to the petitioner within the aforesaid time, then in addition to the

due statutory benefits, the petitioner shall also be paid interest at the

rate of 9% per annum beyond the period of six months till the date of

.

payment.

                                                 ( Ravi Malimath )
                                               Acting Chief Justice





                                               ( Jyotsna Rewal Dua )
    September 22, 2021                                 Judge
          (Bhardwaj)