Between:- R vs State Of
2022 Latest Caselaw 47 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 3rd DAY OF JANUARY, 2022.




                                                       .

                            BEFORE

         HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                               &

    HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA





                CIVIL WRIT PETITION No. 8130 of 2021.

          Between:- r
          FAQUIR CHAND S/O SHRI SURAT SINGH,
          R/O VILLAGE SARIBASA, P.O. DEVIDHAR,

          SUB-TEHSIL JANGLA, DISTT. SHIMLA, H.P.

                                                  ......PETITIONER.


          (BY SH. AJINDER MEHTA, ADVOCATE)

          AND




    1.    HIMACHAL ROAD TRANSPORT CORPORATION
          THROUGH ITS MANAGING DIRECTOR, OLD





          BUS-STAND, SHIMLA-171003.

    2.    FINANCIAL ADVISER-CUM- CHIEF ACCOUNTS





          OFFICER, HIMACHAL ROAD TRANSPORT
          CORPORATION, HEAD OFFICE, SHIMLA-171003.

    3.    REGIONAL MANAGER, HIMACHAL ROAD
          TRANSPORT CORPORATION, ROHRU,
          DISTRICT SHIMAL (H.P.).
                                        ......RESPONDENTS.

          ( BY SH. SHYAM SINGH CHAUHAN, ADVOCATE)




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                                      2




                This petition coming on for admission before
    notice this day, Hon'ble Mr. Justice Tarlok Singh




                                                                .
    Chauhan, passed the following:





                              ORDER

Notice. Mr. Shyam Singh Chauhan, Advocate,

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 the 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/retiral benefits to the

petitioner within a period of six months from today along

with interest at the rate of 9% per annum and thereafter

pension shall be released to him regularly on first day of

each month.

4. Pending application(s), if any, also stands

disposed of.

.

5. For compliance, to come up on 30.06.2022.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia)

Judge

3rd January, 2022.

(krt)