Jinta House Near Fire Station vs No(S). 21537/2022 Vide Order ...
2022 Latest Caselaw 9325 HP

                                                        .
    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA





            ON THE 15th DAY OF NOVEMBER, 2022.

                            BEFORE





          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

                               &

             HON'BLE MR. JUSTICE VIRENDER SINGH



          Between:-
                    r       to
                CIVIL WRIT PETITION No.7377 OF 2022.



          ONKAR CHAND, S/O SH. SHIV LAL, R/O

          JINTA HOUSE NEAR FIRE STATION, WARD
          NO.3, ROHRU (T) TEHSIL AND DISTRICT
          SHIMLA, H.P. ( RETIRED AS CONDUCTOR
          FROM HRTC UNIT ROHRU).



                                     .....PETITIONER.




          (BY SH. ASHOK KUMAR, 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,   AD OFFICE OLD BUS
          STAND, SHIMLA.

                                      ......RESPONDENTS.




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                                      2




          (BY SH. AJAY KUMR CHAUHAN,
          ADVOCATE)
    ________________________________________________________________




                                                               .
                This petition coming on for admission before notice





    this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed
    the following:
                          ORDER

Notice. Ajay Kumar Chauhan, Advocate,

appears and waives service of notice on behalf of the

respondents.

2. The instant petition has been filed for grant of

the following substantive reliefs:-

i. That respondent may kindly be directed to consider the case of petitioner for granting the two additional increments on completion of 20 years of

service as per notification dated 10.09.2015 (Annexure P-1) as well as orders of this Hon'ble High Court which has been upheld by the Apex Court.

ii. Those respondents may kindly be directed to consider and decide the Representation (Annexure P-4)

of the petitioner in accordance with law."

3. Learned counsel for the petitioner states that

the issue in question is squarely covered by the judgment

rendered by this Court in CWP No. 4167 of 2019 titled as

Himachal Road Transport Corporation vs. Suresh

Kumar and others, decided on 29.11.2021 which

judgment in turn has been affirmed by the Hon'ble

Supreme Court with the dismissal of the SLP (C) Diary

No(s). 21537/2022 vide order dated 16.08.2022. This is a

.

matter which is required to be considered by the

employer/respondents.

4. Accordingly, without going into the merits of the

case, we deem it appropriate to dispose of the instant

petition by directing the respondents to consider and

decide the case of the petitioner in light of the judgment

in Suresh Kumar's case (supra) and in case the claim of

the petitioner is found to be covered by the said judgment,

then same and similar benefits, as granted in Suresh

Kumar's case (supra) be also granted in favour of the

petitioner within a period of six weeks from today. Ordered

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

disposed of.

5. For compliance, to come up on 27.12.2022.

(Tarlok Singh Chauhan) Judge

(Virender Singh) Judge

15th November, 2022.

(krt)