Bilaspur vs State Of Himachal Pradesh And ...
2022 Latest Caselaw 275 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. 730 OF 2022
    Between:­





    KULDEEP,      S/O SH. KHAJANA RAM
    ADOPTED       S/O SH. OM PRAKASH
    VILLAGE      KIARA, P.O. CHANDPUR,
    TEHSIL       GHUMARWIN,    DISTRICT





    BILASPUR,    H.P.
                                                 ......PETITIONER

    (BY MR. VARUN CHANDEL, 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 AT OFFICE





    OLD BUS STAND, SHIMLA.
    3. REGIONAL MANAGER, HRTC DEPOT,
    BILASPUR, H.P.





                                                 .....RESPONDENTS

    (BY MR. AJAY CHAUHAN, ADVOCATE)
    __________________________________________________________________

                 This petition coming on for admission before notice this day,
          Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the following:

                                    ORDER

Notice. Mr. Ajay Chauhan, 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)