Date Of Decision: June vs Himachal Pradesh Road Transport
2024 Latest Caselaw 7421 HP

Himachal Pradesh High Court

Date Of Decision: June vs Himachal Pradesh Road Transport on 11 June, 2024

Author: Vivek Singh Thakur

Bench: Vivek Singh Thakur

                                         1                                ( 2024:HHC:3256 )


    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                                    CWPOA No.5119 of 2020
                                    Date of Decision: June 11, 2024




                                                                           .

    Ram Rattan                                                              ...Petitioner.

                                             Versus





    Himachal Pradesh Road Transport
    Corporation & another                                                 ..Respondents.

    Coram:





    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    The Hon'ble Mr. Justice Ranjan Sharma, Judge.

    Whether approved for reporting?1

    For the Petitioner:            Mr.R.P. Singh, Advocate.

    For the Respondents:           Mr.Rajul Chauhan, Advocate, vice Mr.Ajay
                                   Chauhan, Advocate.


    Vivek Singh Thakur, J (Oral)

Petition was filed seeking main relief as under:-

"7(b) To direct the respondents to grant the regular pay scale of a Driver on regular basis in view of the orders issued by respondent No.1 during September, 2016, alongwith

the arrears of difference in pay and allowances, as is being paid to all the drivers, who have been appointed on regular basis, especially the appointment of the applicant was also made by

respondent No.1 alongwith others similarly situated drivers in the Corporation, who have completed five years continuous service as a driver on contract basis in the Corporation under the policy framed by the respondent Corporation."

2. Petition was filed in the year 2018 and till date no

response has been filed by the respondents.

3. At this stage, learned counsel for the petitioner has

submitted that during pendency of present petition, petitioner has

been regularized from the due date vide Office Order dated

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

2 ( 2024:HHC:3256 )

27.07.2023 w.e.f. 15.10.2016 and, therefore, grievance of the

petitioner has been redressed partially because respondent-

Corporation has not released/paid due and admissible

.

amount/arrears on account of pay and allowances for which

petitioner was and is entitled from the date of his regularization.

Further that, petitioner stands retired on 28.02.2019 and till date

only a sum of Rs.2,00,000/- has been paid to him without supplying

any calculation of the entitlement of petitioner. He has further

submitted that petitioner would be contented and satisfied in case

Learned

time bound direction is given to the respondent-Corporation to

disburse the payment of arrears to the petitioner.

4.

counsel for the respondents-Corporation

submits that reasonable time be granted to the respondents-

Corporation for payment of due and admissible amount/arrears to

the petitioner.

5. In view of above, petition is disposed of with direction

to the respondents-Corporation to pay due and admissible

amount/arrears for which petitioner is entitled, on or before

31.07.2024, failing which respondents-Corporation shall also be

liable to pay interest @ 5% per annum from the due date till final

payment of the amount.

Pending application(s), if any, also stand disposed of.

(Vivek Singh Thakur), Judge.

(Ranjan Sharma), Judge.

June 11, 2024 (Purohit)