Decided On: October 6 vs Himachal Road Transport ...
2023 Latest Caselaw 15560 HP

              IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                 CWP No. 5623 of 2023
                                           Decided on: October 6, 2023
    ________________________________________________________
    Yash Paul                                       ........... Petitioner




                                                                                .
                                   Versus





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





    Whether approved for reporting? 1

    For the Petitioner                     :      Mr. Hamender Singh Chandel with
                                                  Mr. Ashir Kaith, Advocates.

    For the respondents      :    Mr. Vinod Kumar Gupta, Advocate.





    ________________________________________________________
    Sandeep Sharma, Judge (oral):

Notice.

2. Mr. Vinod Kumar Gupta, Advocate, appears and waives service

of notice on behalf of the respondents.

3. This writ petition has been filed for following substantive reliefs:-

"i) That the respondents may be directed to release the arrears of pension on revised rates with interest @ 9% P.A..

ii) That the respondents maybe directed to release the revised amount of commutation of pension, leave encashment, DCRG

along with interest @ 9% P.A."

4. In this writ petition, the petitioner, who has retired from the post

of Chief Inspector on 28.2.2022, is seeking arrears of revision of pay

scale w.e.f. 01.01.2016 to 28.2.2022 with interest @ 9% per annum

from the respective date till the date of realization. He is also seeking

direction to the respondents to revise the pension, gratuity & leave

encashment and to pay it alongwith interest @ 9% per annum w.e.f.

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

01.01.2016 till the date of its realization in view of the judgment of this

Court in CWP No.3050 of 2014, Nek Ram vs. State of H.P. & others.

5. Both learned counsel have agreed that this Court had granted

.

relief to similarly placed petitioners in CWP No.2108 of 2023 on

31.05.2023 and in CWP No.2421 of 2023 on 15.06.2023.

6. Therefore, this writ petition is allowed for reasons alike and the

respondents are directed to pay arrears of pay as per the revision of

pay scales w.e.f. 01.01.2016 to 28.2.2022 with interest @ 6% per

annum from the due date till the date of its realization and they shall

also revise the pension, gratuity & leave encashment and pay the

same alongwith interest @ 6% per annum to the petitioner w.e.f.

01.01.2016 till the date of its realization

All pending application(s), if any, also stands disposed of.

(Sandeep Sharma)

Judge October 6, 2023 Vikrant