Himachal Pradesh High Court
Retired As Inspector From Hrtc vs State Of H.P. & Others on 30 May, 2022
Bench: Sabina, Acting Justice, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 30th DAY OF MAY, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
ACTING CHIEF JUSTICE
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No. 3360 of 2022
Between:-
SHIV RAM (AGED ABOUT 59 YEARS)
S/O SH. PARMA RAM, R/O VILLAGE
BHATOH, P.O MASERAH, TEHSIL
SARKAGHAT, DISTT. MANDI, H.P.
RETIRED AS INSPECTOR FROM HRTC
BUS DEPOT BAIZNATH, DISTT. KANGRA, H.P.
.
......PETITIONER.
(BY MR. PANKU CHAUDHARY, ADVOCATE ON BEHALF OF
MR. VARUN CHANDEL, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT CORPORATION
(HRTC) THROUGH ITS MANAGING DIRECTOR
OLD BUS STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-CHIEF
ACCOUNTANT OFFICER, HIMACHAL PRADESH
ROAD TRANSPORT CORPORATION AT OFFICE
OLD BUS STAND, SHIMLA.
3. REGIONAL MANAGER HRTC DEPOT
BAIZNATH, DISTT. KANGRA, H.P.
......RESPONDENTS.
( BY MR. AJEET S. SAKLANI, ADVOCATE)
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This Civil Writ Petition coming on for admission
before notice this day, Hon'ble Ms. Justice Sabina,
.
passed the following:
ORDER
Petitioner has filed this writ petition under Article
226 of the Constitution of India, seeking mainly the
following relief-
"i) That respondents may kindly be directed
to release/make actual payment of all
pensionary/retiral along with 9% interest
forthwith, for delay on the part of
respondent corporation and loss of
accretion of capital, from due date till
actual payment is made, being a squarely
covered matter with CWP No.3050/2014,
titled as Nek Ram v/s State of H.P. & Others
and CWP 357/2018 titled as Ram Lal v/s
HRTC and CWP No.605/2019 titled as
Hukam Chand v/s HRTC and judgment
dated CWP No.1809 of 2019 dated
3.9.2019 titled as Ranbir Singh vs HRTC and
others, and recently on 20.9.2021 in CWP
5627 of 2021 in Bishan Dass v/s HRTC.
Further respondents may also be directed
to pay interest on the all delayed payments
from the due date. Further the respondents
may kindly be directed to calculate all the
pensionary benefits of the petitioner in
.
consonance with the prevailing Dearness
Allowances & Arrears alongwith interest at
all delayed payments from the due date.
ii) That the respondent corporation may
be directed to release the medical
reimbursement bills of the petitioner as he
is a serious kidney patient and also under
regular dialysis"
2. After hearing learned counsel for the parties, we
are of the opinion that this petition is liable to be disposed
of in terms of the decision given in CWP No.4321 of 2021,
titled Moti Lal Sharma versus Himachal Road
Transport Corporation and another and connected
matter, decided on 29.11.2021. The operative part of the
said order reads as under:-
"5. We are, therefore, persuaded to
dispose of these writ petitions with a
direction to the respondents to pay the
petitioners the gratuity with actual rate of
interest as per applicable rules, till the time
of actual payment. Apart from that, the
respondents shall also pay to the
petitioners the due statutory benefits,
other retiral benefits and amount of leave
encashment alongwith applicable interest,
.
all of which, shall be paid to them within a
period of six months from today. The due
amount of payment, if delayed beyond six
months, it shall be paid with interest at the
rate of 9% per annum till the date of its
actual payment."
3.
Accordingly, this petition is disposed of with a
direction to the respondents to pay the entire due retiral
benefits to the petitioner strictly in terms of the directions
given in the aforesaid order dated 29.11.2021, passed in
CWP No.4321 of 2021, within a period of three months from
today.
Pending miscellaneous application(s), if any,
shall also stand disposed of.
(Sabina)
Acting Chief Justice
(Satyen Vaidya)
Judge
30th May, 2022.
(mamta)
