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Himachal Pradesh High Court

Mehar Chand vs Hrtc & Others on 11 April, 2023

Bench: Sabina, Satyen Vaidya

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8046 of 2022 .

                                                  Decided on: 11.04.2023





           Mehar Chand                                         ...Petitioner





                                    Versus
           HRTC & others                                       ...Respondents
    Coram

The Hon'ble Ms. Justice Sabina, Acting Chief Justice The Hon'ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting?

For the petitioner: Mr. Varun Thakur, Advocate.

For the respondent: Mr. Pankaj Chaudhary, Advocate on behalf of Mr. Vikas Rajput, Advocate.

Sabina, Acting Chief Justice (Oral) Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following reliefs:-

"i. That the writ of mandamus may kindly be issued directing the respondent-corporation to promote the petitioner as Sub Inspector, on completion of 5 years service, in the pay scale of Rs.10300-34800 plus Rs.3600/- Grade Pay, from feeder category of Conductor w.e.f. April, 1998 i.e. the date of promotion or on availability of post as per the eligibility criteria, prescribed in Recruitment and Promotion Rules annexed as Annexure P-1. ii. That the writ of mandamus may also be issued directing the respondent-corporation to release two additional increments in favour of the petitioner from the date he completed 20 years as a ::: Downloaded on - 12/04/2023 20:34:17 :::CIS 2 Conductor as per the law laid down by this Hon'ble Court in CWP No.4167 of 2019 dated 29.11.2021. iii. That the writ of mandamus may kindly be .

issued directing the respondent-corporation to release all consequential benefits including arrears as accrued to the petitioner after promotion against the post of Sub Inspector, on completion of 5 years, as per the relevant Recruitment and Promotion Rules annexed as Annexure P-1 and thereafter to release two additional increments on completion of 20 years service in a post, alongwith admissible r interest thereon till the date of its actual realization."

2. Learned counsel for the petitioner has submitted that the case of the petitioner is covered by the decision given by this Court in CWP No.4167 of 2019, titled Himachal Road Transport Corporation vs. Suresh Kumar & others, decided vide order dated 29.11.2021 (Annexure P-2).

3. Accordingly, without adverting to the merits of the case, this petition is disposed of with a direction to the respondents to consider and decide the case of the petitioner in terms of the decision given by this Court in CWP No.4167 of 2019 (Annexure P-

2) within four weeks, from the receipt of copy of this order and if the petitioner is found entitled to the relief, as granted to similarly situated employees, the same be released to him forthwith.

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

.

5. To come up for compliance on 16th May, 2023.

( Sabina ) Acting Chief Justice ( Satyen Vaidya ) Judge April 11, 2023 (vt) ::: Downloaded on - 12/04/2023 20:34:17 :::CIS