Brij Lal Thakur & Ors vs Hrtc & Anr
2023 Latest Caselaw 15577 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

Civil Writ Petition No. 5542 of 2023.

Date of decision: 6th October, 2023.

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Brij Lal Thakur & Ors. ...Petitioners.

                                         Versus





    HRTC & Anr.                                                             ....Respondents.

    Coram:

The Hon'ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?1

For the Petitionerss: Mr. Ashok Kumar, Advocate.

For the Respondents: Mr. Vinod K. Gupta, Advocate.

Satyen Vaidya, Judge (Oral).

Notice. Mr. Vinod K. Gupta, Advocate, appears and

waives service of notice on behalf of the respondents.

2. Petitioners have prayed for following substantive

relief(s):-

"i. That respondent may kindly be directed to

consider the case of petitioners and to revise the family pensions of the petitioners w.e.f. 1.1.2016 with all consequential benefits in view of the office memorandum issued by the finance department on dated 8th September, 2022 as per Annexure P-1.

ii. The respondents may kindly be directed to consider and decide the representation

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

...2...

(Annexure P-2) of the Petitioners in accordance

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with law in time bound manner."

3. Learned counsel for the petitioners submits that

the issues raised in the instant petition are no more res

integra and have already been adjudicated upon by Hon'ble

Division Bench of this Court on 31st May, 2023 while deciding

CWP No. 2108 of 2023. He further submits that similar view

has been taken by Hon'ble Single Bench of this Court while

deciding CWP No. 6611 of 2023 on 19.09.2023.

3. On the strength of aforesaid judgments, learned

counsel for the petitioners has made further submission that

his clients will be content in case the directions are issued to

respondents to consider the prayers made in the instant

petition within a time bound manner in light of aforesaid

judgments.

4. Accordingly, the instant petition is disposed of with

direction to the respondents/competent authority to consider

and decide the prayers made in the petition by the petitioners

in light of above referred judgments passed by Hon'ble

Division Bench and Hon'ble Single Bench of this Court,

respectively, within a period of eight weeks from today. In

...3...

case, the petitioners are found similarly situated to the

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petitioners in the afore-mentioned petitions, they shall also be

granted all the reliefs as have been made permissible to the

petitioners in CWP Nos. 2108 and 6611 of 2023.

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

disposed of.

(Satyen Vaidya)

Judge 6th October, 2023.

(jai)