Retired As (Driver) vs State Of
2021 Latest Caselaw 4759 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.5974 of 2021

      Between:-
      SH. PRABHAT SINGH,

      AGED 59 YEARS, OCCUPATION

      RETIRED AS (DRIVER),

      GOVT EMPLOYEE (FROM KANGRA
      ON 31.03.2021),
      S/O LATE SH. MURLI DHAR,
      R/O VILLAGE THANDOL,
      PO THANDOL, TEHSIL PALAMPUR,



      DISTT. KANGRA, HP
                                                     ......PETITIONER
      (BY SH. SHIVENDRA SINGH,




       ADVOCATE)

      AND





    1. STATE OF HP,
       PRINCIPAL SECRETARY,





       TRANSPORT,
       GOVT OF HIMACHAL PRADESH.
    2. ADDITIONAL CHIEF SECRETARY,
       FINANCE TO THE GOVT OF
       HIMACHAL PRADESH, SHIMLA
    3. HIMACHAL ROAD TRANSPORT
       CORPORATION, THROUGH ITS
       MANAGING DIRECTOR,
       SHIMLA-171003




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                                        -2-



    4. REGIONAL MANAGER,
       HIMACHAL ROAD TRANSPORT
       CORPORATION, PALAMPUR,
       DISTRICT KANGRA, H.P.
                                                         ......RESPONDENTS




                                                              .

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





          ADVOCATES GENERAL AND
          MS. SEEMA SHARMA, DEPUTY
          ADVOCATE GENERAL,
          FOR R-1 AND R-2,





          SH. SHYAM SINGH CHAUHAN,
          ADVOCATE, FOR R-3 AND R-4)

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

    Mr. Justice Ravi Malimath, passed the following:

                                   ORDER

Notice. Mr. Ranjan Sharma, learned Additional Advocate

General and Mr. Shyam Singh Chauhan, learned Standing Counsel,

take notice on behalf of respondents No.1 & 2 and respondents

No.3 and 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-2).

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)