Between vs State Of
2021 Latest Caselaw 4756 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

              ON THE 27th 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.5979 of 2021

      Between:-
      SATISH PAL,

      S/O LATE SH. GIAN CHAND,

      R/O VPO HARETTA, TEHSIL GALORE,

      DISTRICT HAMIRPUR, H.P.,
      RETIRED AS DRIVER FROM
      REGIONAL MANAGER OFFICE,
      HAMIRPUR
                                                     ......PETITIONER



      (BY SH. ANUBHAV CHOPRA,
       ADVOCATE)




      AND
    1. THE HIMACHAL PRADESH ROAD





       TRANSPORT CORPORATION,
       SHIMLA, THROUGH ITS
       MANAGING DIRECTOR,





       H.P.-171003

    2. THE REGIONAL MANAGER,
       HIMACHAL ROAD TRANSPORT
       CORPORATION, HAMIRPUR, H.P.
                                                ......RESPONDENTS
      (BY SH. AJAY CHAUHAN,
       ADVOCATE)




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




                                                              .
                                   ORDER

Notice. Mr. Ajay Chauhan, learned Standing Counsel, takes

notice on behalf of the respondents.

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.

5. Pending miscellaneous application is also disposed off.

.

                                                 ( Ravi Malimath )
                                               Acting Chief Justice





                                              ( Jyotsna Rewal Dua )
    September 27, 2021                                Judge





         (Bhardwaj/Mukesh)