Mandi vs Suresh Kumar And Others
2022 Latest Caselaw 8419 HP

                                  1


                                        Reportable/Non-reportable
  IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                ON THE 12th DAY OF OCTOBER, 2022




                                                              .
                              BEFORE





         HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                                 &
             HON'BLE MR. JUSTICE VIRENDER SINGH
             CIVIL WRIT PETITION No. 6306 OF 2022





          Between:-
          INDRA DEVI AGED 55 YEARS,
          W/O LATE SHRI TEK SINGH,
          CONDUCTOR, R/O VILLAGE THALEHAR,

          P.O. MARATHU, TEHSIL SADAR, DISTRICT

          MANDI, H.P.
                                            ....PETITIONER

          (BY MR. S.P. CHATTERJI, ADVOCATE)



          AND

    1.    HIMACHAL ROAD TRANSPORT CORPORATION




          THROUGH ITS MANAGING DIRECTOR, OLD BUS
          STAND, SHIMLA 171003, H.P.





    2.    THE REGIONAL MANAGER,
          HIMACHAL RD. TPT. CORPORATION,





          MANDI 175001, H.P.
                                                     ..RESPONDENTS

        (MR. VIKAS RAJPUT, ADVOCATE)
__________________________________________________________________

                 This petition coming on for admission on this day,

          Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the

          following:-

                             ORDER

The instant petition has been filed for the grant of

following substantive relief:-

"i) to grant two additional increments, on completion of

.

twenty years service by the petitioner's husband as

Conductor w.e.f. 22nd March, 2004, on notional basis, consequently revising family pension w.e.f.

29.06.2014 and pay arrears of enhanced family pension w.e.f. 01.07.2015 from which date benefit has been allowed on actual basis."

2. According to learned counsel for the petitioner the

issue in question is no longer res-integra in view of the

decision rendered by this Court in CWP No. 4167 of 2019

titled as Himachal Road Transport Corporation vs.

Suresh Kumar and others, decided on 29th November,

2021. The SLP filed against the said order has been

dismissed by the Hon'ble Apex Court vide order dated

16.08.2022 in case titled as Himachal Road Transport

Corporation vs. Suresh Kumar and others. This is a matter

which is required to be considered by the

employer/respondents.

3. In the given facts and circumstances, we deem it

proper to dispose of this petition by directing the respondents

to consider and decide the case of the petitioner, in terms of

aforesaid judgment. In case the case of the petitioner is found

to be covered by the aforesaid judgment, same and similar

benefits be extended to the petitioner herein. This entire

exercise shall be completed within eight weeks.

4. Pending applications, if any, stand disposed of.

.

For compliance, to come up on 14.12.2022.

                                        ( Tarlok Singh Chauhan )
                                                   Judge


    October 12, 2022                         ( Virender Singh )





         (naveen)                                 Judge