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Himachal Pradesh High Court

Gauri Lal vs Hrtc & Anr on 28 December, 2022

Bench: Tarlok Singh Chauhan, Virender Singh

                             1




      IN THE HIGH COURT OF HIMACHAL PRADESH AT
                       SHIMLA
                               CWP No. 8448 of 2022




                                                          .

                                       Decided on : 28.12.2022
    Gauri Lal





                                                  ...Petitioner
                              Versus





    HRTC & anr.
                                             ...Respondents
    ___________________________________________
    Coram

    Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge

    Hon'ble Mr. Justice Virender Singh, Judge
    Whether approved for reporting?
    ________________________________________________


    For the petitioner :      Mr. Manohar           Lal      Sharma,
                              Advocate.

    For the respondents :     Ms. Shubh Mahajan, Advocate.






    Per Tarlok Singh Chauhan, Judge (oral):

Notice. Ms. Shubh Mahajan, Advocate, appears and waives service of notice on behalf of the respondents.

2. The instant petition has been filed for grant of the following substantive reliefs:­ ::: Downloaded on - 29/12/2022 20:41:46 :::CIS 2 "i) That the writ in the nature of mandamus may very kindly be issued to the respondent corporation to pay the overstayal allowance to the petitioner w.e.f. 24.5.2009 .

to 30.9.2019 with interest @ 12% per annum as per the judgment passed by this Hon'ble Court in CWP No. 3097 of 2014, titled as Devender Chauhan Versus HRTC and another, decided on 01.04.2015, contained in Annexure P­

1.

ii) That the respondent No. 1 may kindly be directed to decide the representation dated 20.092022 (Annexure P­2) within a time bound manner.."

3. The parties to the lis are ad­idem that the issue in question is squarely covered by a judgment rendered by a Single Bench of this Court in CWP No. 3097 of 2014, titled as, Devender Chauhan Versus Himachal Road Transport Corporation and another, decided on 01.04.2015.

4. In the given facts and circumstances of the case, we deem it appropriate to dispose of the petition by directing the respondents to pay the overstay allowance to the petitioner, from the due date, within a period of four weeks from today, failing which, respondents shall ::: Downloaded on - 29/12/2022 20:41:46 :::CIS 3 be liable to pay interest @ 9% per annum to him. The pending application(s), if any, are also disposed of.

.

For compliance, to come up on 1.3.2023.

                                    (Tarlok Singh Chauhan)
                                            Judge




    28.12.2022
                   r         to         (Virender Singh)
                                            Judge

    Kalpana








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