Years) vs State Of
2022 Latest Caselaw 8427 HP

    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



          Between:-
                    r       to
                CIVIL WRIT PETITION No.7127 OF 2022.



          RAJINDER SINGH, (AGED ABOUT 59

          YEARS), S/O SH. LEKH RAM, R/O V&PO
          LANJHATA, TEHSIL GHUMARWIN, DISTT.
          BILASPUR, H.P., RETIRED AS INSPECTOR
          FROM HRTC BUS DEPOT HAMIRPUR,


          DISTT. HAMIRPUR, H.P.

                                   .....PETITIONER.




          (BY SH. PANKU CHAUDHARY, ADVOCATE
          VICE SH. 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.




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                                      2




     3.     REGIONAL   MANAGER HRTC DEPOT
            HAMIRPUR, DISTT. HAMIRPUR, H.P.




                                                             .
                                           ......RESPONDENTS.





          (BY     MS.      SHUBH       MAHAJAN,
          ADVOCATE)





    ________________________________________________________________
                This petition coming on for admission before notice
    this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed
    the following:


                            ORDER

Notice. Ms. Shubh Mahajan, Advocate, appears

and waives service of notice on behalf of the respondents.

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 six weeks from today along

with 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, if any, also stands disposed

of.

5. For compliance, to come up on 30.11.2022.

(Tarlok Singh Chauhan) Judge

(Virender Singh) Judge

12th October, 2022.

(krt)