Shiv Singh vs State Of Himachal Pradesh And ...
2022 Latest Caselaw 274 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
              ON THE 21st DAY OF FEBRUARY, 2022
                         BEFORE
          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN




                                                                 .
                           &





     HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
                CIVIL WRIT PETITION NO. 670 OF 2022
    Between:­





    SHIV SINGH, S/O SH. HARBANS SINGH,
    R/O WARD NO. 12, VPO AMBOTA,
    TEHSIL AMB, DISTRICT UNA, H.P.
                                                ......PETITIONER

    (BY MR. ASHOK KUMAR, ADVOCATE.)

    AND
    1.  HIMACHAL

                    ROAD

                           TRANSPORT

    CORPORATION      THROUGH       ITS
    MANAGING    DIRECTOR,   OLD   BUS
    STAND SHIMLA­1.
    2. THE FINANCIAL ADVISOR­CUM­


    CHIEF    ACCOUNTANT      OFFICER,
    HIMACHAL       PRADESH      ROAD
    TRANSPORT    CORPORATION    HEAD
    OFFICE OLD BUS STAND, SHIMLA.




                                                .....RESPONDENTS
    (BY MR. AJEET SAKLANI, ADVOCATE)





    __________________________________________________________________

                This petition coming on for admission before notice this day,





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

                                   ORDER

Notice. Mr. Ajeet Saklani, learned counsel, appears

and waives service of notice on behalf of the respondents.

2. The parties are at 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.

3. Accordingly, the instant petition is disposed of on

the basis of the ratio laid down in the aforesaid judgment.

Consequently, the respondents are directed to release all the

pensionary and retiral benefits to the petitioner within a period

of six weeks from today and thereafter pension shall be released

to him regularly on first day of each month.

4. However, it is made clear that in case the pensionary

and retiral benefits are not extended to the petitioner within the

aforesaid time, then in addition to the pensionary and retiral

benefits, even the petitioner shall also be entitled to interest at

the rate of 9% per annum from the due date.

Pending application(s), if any, also stands disposed

of. No order as to costs.

For compliance to come up on 02.05.2022.

                                             (Tarlok Singh Chauhan)
                                                     Judge

                                         (Chander Bhusan Barowalia)
    21.02.2022                                      Judge
     (raman)