Himachal Pradesh High Court
_____________________________________________________________________ vs Hrtc And Ors on 27 February, 2025
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.191 of 2025
Date of Decision: 27.2.2025
_____________________________________________________________________
Puran Chand
.........Petitioner
Versus
HRTC and Ors.
.......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Petitioner: Mr. Jagan Nath, Advocate.
For the respondents: Mr. Dheeraj K. Vashishat, Advocate.
___________________________________________________________________________
Sandeep Sharma, J. (Oral)
By way of instant petition, petitioner has prayed for
following main reliefs:
"i) That the direction may kindly be issued to the respondents to pay
the amount of gratuity (DCRG) Leave encashment and GPF amount
along with interest @ 18% on the revised pay scale (1-1-2016) from the
date on which same falls due (i.e. 1-7-2024) till its realization.
ii) That the direction may kindly be issued to the respondents to pay
the arrear of revised pay scales w.e.f. 1-1-2016 to 2022 @ 18%from
the date on which same falls due (i.e. 1-7-2024) till its realization on
the amount of commutation of pension.
2. Learned counsel for the petitioner states that his client
would be content and satisfied in case prayer made in the instant
petition is considered and decided by the respondents/competent
authority in terms of judgment dated 17.7.2014, passed in CWP No.
3050 of 2014, case titled as "Nek Ram v. State of Himachal
Pradesh and Ors. Learned counsel for the respondents is not averse
to the aforesaid innocuous prayer made by the petitioner.
3. Having perused aforesaid judgment sought to be relied
upon vis-à-vis issue raised in the petition at hand, this Court finds
that issue raised in the instant petition already stands adjudicated in
the aforesaid judgment rendered by the Division Bench of this Court
and as such, no prejudice would be caused to either of the parties in
case respondents are directed to consider and decide case of the
petitioner in light of the aforesaid judgment.
4. Consequently, in view of the above, present petition is
disposed of with direction to the respondents to consider and decide
case of the petitioner in light of Nek Ram's case (supra), expeditiously,
preferably, within four weeks. In case, petitioner is found to be
similarly situate to the petitioner in the aforesaid judgment, he would
be extended similar benefits. Needless to say, authority concerned
while doing the needful in terms of the instant order shall afford an
opportunity of hearing to the petitioner and pass detailed speaking
order thereupon. All pending applications stand disposed of.
February 27, 2025 (Sandeep Sharma),
(manjit) Judge
