Onkar Singh vs Himachal Road Transport Corporation
2024 Latest Caselaw 14737 HP

Himachal Pradesh High Court

Onkar Singh vs Himachal Road Transport Corporation on 1 October, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Ex. Pet. No.821 of 2024 Decided on: 1st October, 2024

-------------------------------------------------------------------------------------

    Onkar Singh                                                       .....Petitioner




                                                                                     .

                                                 Versus

Himachal Road Transport Corporation

and others .....Respondents

------------------------------------------------------------------------------------- Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting? 1

For the Petitioner:

r to Mr. Rakesh Kumar Dogra, Advocate.

For the Respondents: Mr. Raman Jamalta, Advocate.

------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

The petitioner seeks enforcement of the decision

rendered in Onkar Singh Versus Himachal Road

Transport Corporation and others2. The aforesaid case

was disposed of in terms of the following operative

directions:-

"15. Consequently, in view of above, this court finds merit in

the present petition and the same is allowed. Respondent corporation is directed to consider the intervening period i.e. from date of removal to the date of reinstatement for pension and gratuity in terms of office order dated 26.2.2005 passed by appellate authority."

Whether reporters of print and electronic media may be allowed to see the order? Yes

CWP No.3447 of 2022, decided on 28.09.2023

2. Learned counsel for the respondents has placed

on record office communication dated 27.09.2024. In terms

of the said office communication, after considering the

.

intervening period of Dies-Non, i.e. from the date of removal

of the petitioner to the date of his reinstatement

(05.06.1995 to 03.04.2005) as qualifying service for pension

and gratuity, the revised pension and gratuity as admissible

to the petitioner was worked out. The revised gratuity order

had been issued in case of the petitioner on 25.09.2024 and

the same stands paid to him vide Cheque No.173410, dated

27.09.2024. The office communication also reflects pension

payable to the petitioner after commutation alongwith

dearness relief @ 90%. This office communication also

states that in terms of the exercise carried out by the

respondents while complying with the directions issued in

the judgment, it was found that there would be no effect

upon the monthly pension of the petitioner from

01.04.2014. The office communication dated 27.09.2024

speaks for itself.

3. Taking note of the office communication dated

27.09.2024 issued by the respondents, the execution

petition to stand disposed of. Liberty is, however, reserved

to the petitioner to lay challenge to the aforesaid office

communication in accordance with law, in case he feels

aggrieved by it.

Pending miscellaneous application(s), if any,

.

also stand disposed of.

                                           Jyotsna Rewal Dua
    October 01, 2024                            Judge
        Mukesh




                    r         to