Bag Bhalswaye vs State Of Himachal Pradesh And ...
2022 Latest Caselaw 1170 HP

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




                                                                          .
         HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA





                CIVIL WRIT PETITION No. 1531 OF 2022
    Between:-
    GIAN CHAND SON OF SH. RODA RAM,
    R/O VILLAGE BADI BHAGAT, P.O.





    BAG BHALSWAYE, TEHSIL GHUMARWIN,
    DISTRICT BILASPUR, H.P.
    RETIRED AS HEAD MECHANIC
    FROM HRTC DEPOT SUNDERNAGAR,
    DISTRICT MANDI, H.P.





                                                                            ......PETITIONER
    (BY  MR.   VARUN                  CHANDEL,
    ADVOCATE.)
    AND

    1. HIMACHAL ROAD TRANSPORT

    CORPORATION (HRTC) THROUGH
    ITS MANAGING DIRECTOR, OLD
    BUS STAND, SHIMLA.

    2. THE FINANCIAL ADVISOR-CUM-


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




    3. REGIONAL MANAGER, HRTC





    DEPOT, SUNDERNAGAR, H.P.


                                                                       ......RESPONDENTS





    (BY   MR.   VIKAS   RAJPUT,
    ADVOCATE)
    1
      WHETHER APPROVED FOR REPORTING?                           No.



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

                                               ORDER

Notice. Mr. Vikas Rajput, Advocate, appears and waives

1 Whether reporters of Local Papers may be allowed to see the judgment?

service of notice on behalf of 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 months from today

and thereafter pension shall be released to him regularly on first day

of each month. In case, the petitioner approaches the

respondents/authority for the reimbursement of medical bills that

may be considered on priority and reimbursed promptly.

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 13th September, 2022.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

21st March, 2022

(CS)

.