Madan Kumar vs Himachal Road Transport
2023 Latest Caselaw 17301 HP

              IN THE HIGH COURT OF HIMACHAL PRADESH
                             AT SHIMLA
                                       CWP No.8228 of 2023
                                       Decided on: 1st November, 2023
    ________________________________________________________




                                                                          .
    Madan Kumar                                 ....Petitioner





                                              Versus





    Himachal Road Transport
    Corporation (HRTC) & anr.                                            ....Respondents

    Coram
    Hon'ble Mr. Justice Ranjan Sharma, Judge





    1 Whether approved for reporting?




    For the petitioner r                  :    Mr. Ashok Kumar, Advocate.

    For the respondents                   :    Mr. Dheeraj             Kumar         Vaishisht,

                                               Advocate.


    Ranjan Sharma, Judge (Oral)

Notice. Mr. Dheeraj Kumar Vaishisht, learned

counsel for the respondents waives notice on behalf of the

respondents.

2. The petitioner, a retiree, having retired from the

post of Superintendent Gr.-II on 31.05.2023, has filed the

instant petition seeking the following relief(s):-

"i. That respondents may kindly be directed to release/make actual payment of all remaining

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

retiral benefits of the Petitioner along with 9% interest forthwith, for delay on the part of respondent corporation and loss of accretion of capital, from due date till actual payment is made,

.

being a squarely covered matter with CWP

No.3050/2014, titled as Nek ram v/s State of H.P. & others and CWP No.605/2019 titled as Hukam

Chand v/s HRTC. Further respondents may kindly be directed to calculated the DCRG of the petitioner in consonance with the prevailing Dearness Allowances & Arrears along with

interest at all delayed payments from the due

r date."

3. The learned counsel for the petitioner submits

that the representation dated 30.06.2023 (Annexure P1) is

pending, whereby, he has claimed benefits of (i) the arrears

of revised pay w.e.f. 01.01.2016 till the date of his

superannuation; and (ii) the revised retiral benefits i.e.

Revised Pension, Revised Gratuity, Revised Leave

Encashment and Revised Commuted Pension along interest

thereon. He further submits that he shall be satisfied in

case the respondents are directed to decide the representation

dated 30.06.2023 (Annexure P-1), after taking into account

the judgment passed by the Division Bench of this Court

in CWP No.2108 of 2023, decided on 31.05.2023, titled

as Bhagat Ram Versus Himachal Road Transport

Corporation & others, within time bound manner.

.

4. Perusal of the pleadings reveals that the instant

petition is vague and does not disclose the material

particulars, as to the nature and extent of retiral benefits due

and released; and if not, the nomenclature of retiral benefits

(including the factum as to whether option required for

revised commuted pension survives or not, etc) which are yet

to be released; and the extent of interest admissible on non-

release and/or belated release of these retiral benefits and

extent of interest admissible, on the basis of relevant

rules/law are missing in the instant case.

5. Per contra, Dheeraj Kumar Vaishisht, learned counsel

for the respondents states that the Respondent-Corporation

has filed a review petition, seeking review of the judgment

passed in case of Bhagat Ram (supra).

6. Faced with this situation, at this stage, Mr. Ashok

Kumar, learned counsel prays for permission to make a

representation, giving all details-particulars, to the

authorities for ventilating his claim(s). The request being

innocuous is not opposed by Mr. Dheeraj Vaishisht, learned

opposing counsel also.

7. Accordingly, in the peculiar facts and

.

circumstances, and as per the request so made, this Court

permits the petitioner to make a fresh representation to

Respondent No.1-Managing Director, Himachal Road

Transport Corporation, giving all details material-particulars,

in continuation of representation dated 30.06.2023

(Annexure P-1), within two weeks from today; with further

directions to aforesaid respondent-authority to decide the

same in the light of existing norms, rules and law, including

the judgment passed by this Court in the case of Bhagat Ram

(supra), within six weeks thereafter.

8. As aforesaid questions left open, the instant writ

petition, as well as the pending miscellaneous application(s),

if any, shall also stand disposed of, accordingly.

In the aforesaid terms, the instant writ petition

as well as the pending miscellaneous application(s), if any,

shall also stand disposed of.

(Ranjan Sharma) Judge November 01, 2023 (shivender)