Between vs State Of Himachal
2022 Latest Caselaw 3931 HP

       IN THE HIGH COURT OF HIMACHAL PRADESH AT

                          SHIMLA

              ON THE 30th DAY OF MAY, 2022




                                                     .

                        BEFORE
      HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                           &





    HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA

      CIVIL WRIT PETITION No. 3362 OF 2022
    Between:-
    SH. TARSEM SINGH S/O SH. SHONKI RAM,





    R/O VILLAGE BASKEHAR, PO DAROH,
    TEHSIL PALAMPUR, DISTT. KANGRA, H.P.

               r                        ......PETITIONER

    (BY MR. INDERJIT S. NARWAL,

    ADVOCATE.)

    AND


    1.  STATE    OF   HIMACHAL
    PRADESH     THROUGH     ITS
    SECRETARY (TRANSPORT) TO
    THE GOVT. OF H.P.




    2.   HRTC,  THROUGH    ITS





    MANAGING DIRECTOR, SHIMLA,
    H.P.

    3. THE FINANCIAL ADVISOR





    CUM CAO HRTC, SHIMLA, H.P.

    4. REGIONAL MANAGER, HRTC
    PALAMPUR, H.P.

                                   ......RESPONDENTS

    (BY  MR.   ASHOK   SHARMA
    ADVOCATE GENERAL WITH
    MR. RAJINDER DOGRA SENIOR
    ADDITIONAL       ADVOCATE
    GENERAL, MR. VINOD THAKUR




                                    ::: Downloaded on - 30/05/2022 20:05:08 :::CIS
                                      -2-



    AND MR. SHIV PAL MANHANS,
    ADDITIONAL     ADVOCATES
    GENERAL AND MR. YUDHVIR
    SINGH   THAKUR     DEPUTY
    ADVOCATES GENERAL FOR R-




                                                                             .
    1)





    (MR. V.B. VERMA, ADVOCATE,
    FOR R-2 TO R-4)





    1    WHETHER APPROVED FOR REPORTING?
                   This petition coming on for orders this day, Hon'ble Mr.
    Justice Tarlok Singh Chauhan, passed the following :-





                                                  ORDER

Notice. Mr. Yudhvir Singh Thakur, learned

Deputy Advocate General and Mr. V.B. Verma, Advocate,

appear and waive service of notice on behalf of respondents

No. 1 and 2 to 4 respectively.

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 three months from today along with

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

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 13th September,

2022.

                   r              to      (Tarlok Singh Chauhan)
                                                    Judge



                                         (Chander Bhusan Barowalia)

                                                   Judge


    30th May, 2022
     (himani)