Padhar vs H.R.T.C & Another
2022 Latest Caselaw 8345 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 10th DAY OF OCTOBER, 2022
                            BEFORE




                                                          .
                HON'BLE MR. JUSTICE A.A. SAYED





                         CHIEF JUSTICE
                                &





             HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

               CIVIL WRIT PETITION NO. 991 of 2022





         Between:

         KHEM SINGH S/O SH. NATHU RAM
         (RTD SR. TYREMAN) R/O VILLAGE
         SACHAN, P.O BOCHING, TEH.

         PADHAR, DISTT. MANDI (H.P),

         AGED 61 YRS.

                                                  ...PETITIONER
         (BY MR. H.S RANGRA, ADVOCATE)



         AND

       1. HIMACHAL ROAD TRANSPORT




          CORPORATION THROUGH ITS
          MANAGING DIRECTOR, SHIMLA.





       2. DIVISIONAL        MANAGER,
          HIMACHAL ROAD TRANSPORT





          CORPORATION,        DIVISION
          MANDI, DISTRICT MANDI, H.P.

                                            ...RESPONDENTS

         (BY   MS.   SHUBH    MAHAJAN,
         ADVOCATE)
    ____________________________________________________




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                 This petition coming on for admission this day,

    Hon'ble Mr. Justice A.A. Sayed, passed the following:

                        ORDER

.

The writ petition is filed by the petitioner seeking

the following substantive relief:-

"(i) That the writ in the nature of mandamus may very kindly be issued, directing the respondent corporation to pay overstay allowances to the petitioner with interest @

12% per annum, with effect from June 1993 to 1997, March 1999 to Sept 2007 and from Jan-2009 to Feb 2016 (which comes total 11 years service) as per the rates

fixed in the transfer policy and judgment passed by this

Hon'ble Court in C.W.P No. 3097/2014 titled as Shri Devender Chauhan Versus H.R.T.C & another, decided on 1-4-2015, Annexure P-1."

2. The learned counsel for the petitioner has invited our

attention to the order dated 01.04.2015 passed in CWP No.

3097 of 2014 (Devender Chauhan vs. Himachal Road

Transport Corporation and another). The learned counsel for

the petitioner has also drawn our attention to the representation

dated 14.10.2019 (Annexure P-4) and states that petitioner

would be satisfied if the said representation is decided in a time

bound manner.

3. In the circumstances, we dispose of the petition by

directing respondent No.1-Managing Director, HRTC to decide

representation (Annexure P-4) expeditiously and in any event

.

not later than six weeks from today.

4. The petition to stand disposed of in the aforesaid

terms. Pending miscellaneous application(s), if any, also to

stand disposed of.

                    r           to              (A. A. Sayed)
                                                Chief Justice

                                           ( Jyotsna Rewal Dua )
                                                 Judge
    10th October, 2022


    (priti)