Decided On: October 6 vs Himachal Road Transport ...
2023 Latest Caselaw 15511 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                 CWP No. 7349 of 2023
                                           Decided on: October 6, 2023
    ________________________________________________________
    Girdhari Lal                                     ........... Petitioner




                                                                                .
                                      Versus





    Himachal Road Transport Corporation and others    .... Respondents
    ________________________________________________________
    Coram:
    Hon'ble Mr. Justice Sandeep Sharma, Judge.





    Whether approved for reporting? 1

    For the Petitioner                     :      Mr. Mukul Sood, Advocate.

    For the respondents     :     Mr. Rahul Gathania, Advocate.
    ________________________________________________________





    Sandeep Sharma, Judge (oral):

By way of instant petition filed under Art. 226 of the

Constitution of India, petitioner has prayed for following main reliefs:

"That respondents may kindly be directed to release/ make actual payment of interest on all pensionary /retiral along with 9% interest forthwith, for delay on the part of respondent corporation and loss of accretion of capital, from due date,

being a squarely covered matter with CWP no. 3050/2014, titled as Nek Ram v/s State of H.P. & Others and CWP 605/2019 titled as Hukam Chand v/s HRTC and judgment

dated CWP No. 1809 of 2019 dated 03-09-2019 titled as Ranbir Singh vs. HRTC & others, and recently on 20/9/2021 in

CWP 5627/2021 in Bishan Dass v/s HRTC, CWP no. 7809 of 2021. Further respondents may also be directed to pay all the

retiral benefits alongwith interest on the all delayed payments from the due date. Further the respondents may kindly be directed to calculate the all pensionary benefits of the petitioner in consonance with the prevailing Dearness Allowances & Arrears alongwith interest at all delayed payment from the due date.""

Whether the reporters of the local papers may be allowed to see the judgment?

2. Learned counsel for the petitioner fairly states that the petitioner

would be content and satisfied in case direction is issued to the

respondents to consider and decide the case of the petitioner in light of

.

judgment passed by this Court in CWP No. 3050 of 2014, titled Nek

Ram v. State of Himachal Pradesh and others, which has attained

finality upto the Hon'ble Apex Court, in a time bound manner.

3. Learned counsel for the respondent is not averse to the

innocuous prayer made on behalf of the petitioner.

4. In view of the fair stand adopted by learned counsel for the

respondents, present petition is disposed of with a direction to the

respondent-Corporation to consider and decide the case of the

petitioner in light of Nek Ram supra, expeditiously, preferably within a

period of two weeks and in case petitioner is found similarly situate to

Nek Ram supra, he shall be released all the benefits from due date,

forthwith. Liberty is reserved to the petitioner to file appropriate

proceedings, before appropriate court of law, if he still remains

aggrieved.

(Sandeep Sharma)

Judge October 6, 2023 Vikrant