Kamla Devi vs Himachal Road Transport ...
2023 Latest Caselaw 5860 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1701 of 2023 Date of Decision : May 15, 2023

.

Kamla Devi                                                                          ......Petitioner





                                               Versus

Himachal Road Transport Corporation & Another

......Respondents

Coram:

The Hon'ble Ms. Justice Tarlok Singh Chauhan, Acting Chief Justice The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1

For the petitioner : Mr. S.P. Chatterji, Advocate.

For the respondents : Mr. Vikas Rajput, Advocate.

Tarlok Singh Chauhan, Acting Chief Justice (Oral)

Notice. Mr. Vikas Rajput, 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 relief:-

"i) to grant two additional increments, on completion of twenty years service by the petitioner's husband as conductor w.e.f. 13.07.2000, on notional basis, consequently revising family pension w.e.f. 01.05.2013 and pay arrears of enhanced pension/family pension w.e.f. 01.07.2015- from which date benefit has been allowed on actual basis."

Whether reporters of Local Papers may be allowed to see the judgment?

3. According to the learned counsel for the petitioner, the issue

in the instant petition is no longer res integra as it stands 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. The judgment, in turn,

stands affirmed by the Hon'ble Supreme Court with the dismissal of the

Special Leave Petition (Civil) No.21537/2022 vide judgment dated

16.8.2022.

4. to In the given facts and circumstances and without going into

the merits of this case, we deem it proper to dispose of this petition by

directing the respondents to consider the case of the petitioner in light of

the aforesaid judgment and in case the same is covered, then the same

and similar benefit be extended to the petitioner herein also. Ordered

accordingly. The entire exercise be completed within three months.

5. Pending miscellaneous application(s), if any, shall also stand

disposed of.

                                                    (Tarlok Singh Chauhan)
                                                      Acting Chief Justice



                                                          (Virender Singh)
May 15, 2023 (ps)                                              Judge