Himachal Pradesh High Court
Mohan Singh vs Hrtc And Another on 20 July, 2023
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.4654 of 2023
Decided on: 20th July, 2023
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Mohan Singh .....Petitioner
Versus
HRTC and another .....Respondents
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Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting? 1
For the Petitioner: Mr. Sunil Dutt Gautam, Proxy Counsel.
For the Respondents: Mr. Vinod Kumar Gupta, Advocate.
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Jyotsna Rewal Dua, Judge
Notice. Mr. Vinod Kumar Gupta, learned
Standing Counsel, appears and waives service of notice on
behalf of the respondents.
2. This writ petition has been filed for the grant of
following substantive relief:-
"(i) That the respondents 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-2) as well as orders of this Hon'ble High Court which
has been upheld by the Apex Court in the interest of
justice and fair play."
1 Whether reporters of print and electronic media may be allowed to see the order? Yes.
3. Learned proxy counsel for the petitioner submits
that the issue in question is squarely covered by the
judgment dated 29.11.2021, rendered by this Court in CWP
.
No.4167 of 2019 (Himachal Road Transport
Corporation Versus Suresh Kumar and others), which,
in turn, has been affirmed by the Hon'ble Supreme Court
with the dismissal of 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. Learned
proxy counsel for the petitioner states that the petitioner
would be satisfied in case respondents are directed to
consider his case in light of aforesaid judgment. This is
acceptable to learned counsel for the respondents.
4. Accordingly, without going into the merits of the
case, it is deemed appropriate to dispose of the instant
petition by directing the respondents to consider and decide
the case of the petitioner in accordance with law and 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.
The writ petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any.
.
Jyotsna Rewal Dua
July 20, 2023 Judge
Mukesh
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