Himachal Pradesh High Court
H.R.T.C. And Another vs Jai Chand on 1 September, 2023
Bench: Ajay Mohan Goel, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Review Petition Nos. 249 of 2022 a/w
Review Petition Nos. 99 to 105 of 2023
Date of decision : 01.09.2023
.
----------------------------------------------------------------------------------------
1. Review Petition No. 249 of 2022
H.R.T.C. and another Petitioners
Versus
Jai Chand Respondent
2. Review Petition No. 99 of 2023
H.R.T.C. and another Petitioners
Versus
Baldev Chand Respondent
3. Review Petition No. 100 of 2023
H.R.T.C. and another
Ram Chand
r to
Versus
Petitioners
Respondent
4. Review Petition No.101 of 2023
H.R.T.C. and another Petitioners
Versus
Jagiri Ram Respondent
5. Review Petition No. 102 of 2023
H.R.T.C. and another Petitioners
Versus
Harpal Singh Respondent
6. Review Petition No. 103 of 2023
H.R.T.C. and another Petitioners
Versus
Balraj Singh Respondent
7. Review Petition No. 104 of 2023
H.R.T.C. and another Petitioners
Versus
Suresh Chand Respondent
8. Review Petition No. 105 of 2023
H.R.T.C. and another Petitioners
Versus
Prithvi Chand Respondent
----------------------------------------------------------------------------------------
Coram :-
.
Justice Ajay Mohan Goel, Judge
Justice Jyotsna Rewal Dua, Judge
Whether approved for reporting? 1
____________________________________________________
For the Petitioners : Mr. Vikas Rajput, Advocate
For the Respondents : Mr. Sanjeev Kumar Suri, Advocate
------------------------------------------------------------------------------------
Jyotsna Rewal Dua, Judge
CMP(M) No. 1710 of 2022 in R.P. No. 99 of 2023
CMP(M) No. 1711 of 2022 in R.P. No. 100 of 2023
CMP(M) No. 1712 of 2022 in R.P. No. 101 of 2023
CMP(M) No. 62 of 2023 in R.P. No. 102 of 2023
CMP(M) No. 142 of 2023 in R.P. No. 103 of 2023
CMP(M) No. 414 of 2023 in R.P. No. 104 of 2023
CMP(M) No. 596 of 2023 in R.P. No. 105 of 2023
These applications seek to condone the delay in filing the review
petitions. In view of the order passed by the Hon'ble Supreme Court in
Suo Moto Writ Petition (Civil) No. 03/2020 and also looking to the
pleadings, we are of the considered view that the reasons for delay have
been cogently explained. Hence, the delay in moving the review petitions
is condoned. The applications are allowed and stand disposed off.
R.P. No. 249 of 2022 alongwith R.P. Nos. 99, 100, 101, 102,
103, 104 and 105 of 2023
2. Petitioner/Himachal Pradesh Road Transport Corporation seeks
review of following judgment passed on 25.08.2021 in CWP No. 4593 of
2021 (Jai Chand versus H.R.T.C. and another alongwith other connected
matters) :-
"O R D E R
The parties are ad idem that the issue in question is no longer res
.
integra in view of the judgment rendered by a Division Bench of this Court in
CWP No.3050 of 2014, titled Nek Ram Versus State of Himachal Pradesh
and others, decided on 17.07.2014.
2. Accordingly, these writ petitions are disposed off on the basis of the
ratio laid down in the aforesaid judgment.
3. Consequently, the respondents are directed to pay the due enhanced
dearness relief, alongwith arrears, to the petitioners, within a period of six
months from today. However, it is made clear that in case the same are not
paid to the petitioners within the aforesaid time, then in addition to the due
statutory benefits, the petitioners shall also be paid interest at the rate of 9%
per annum beyond the period of six months till the date of payment. The
pending miscellaneous applications are disposed off."
3. Learned counsel for the review petitioners submits that the
direction given in the aforesaid judgment regarding paying interest on
enhanced dearness relief be reviewed and recalled, as at the time of
pronouncement of the judgment, the notification for paying the enhanced
dearness relief had not been issued/adopted by the petitioner. This factual
position has not been disputed by learned counsel for the respondents-the
original writ petitioners. For that reason only, the review petitions are
allowed to this limited extent. The direction issued in the aforesaid
judgment to the review petitioner to pay interest on the enhanced dearness
relief, is reviewed and recalled. The original writ petitioners (respondents
herein), however, shall be at liberty to avail appropriate remedy in
accordance with law for claiming 'interest'. All the review petitions stand
disposed off on these terms alongwith the pending applications, if any.
.
Ajay Mohan Goel
Judge
1st September, 2023 (K) Jyotsna Rewal Dua
Judge
r to
