Himachal Pradesh High Court
Between vs Suresh Kumar And on 18 August, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 18th DAY OF AUGUST, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No.976 of 2022
WITH CONNECTED MATTERS
1. CIVIL WRIT PETITION No.976 of 2022
Between:-
JEET SINGH S/O SH. JAGAT
SINGH R/O 39 MIG GROUND
FLORA WARD NO.8 HOUSING
BOARD KALKA DISTRICT
PANCHKULA HARYANA (RETIRED
AS CONDUCTOR FROM HRTC
NALAGARH UNIT.
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN,
ADVOCATE)
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2. CIVIL WRIT PETITION No.978 of 2022
Between:-
.
BRIJ LAL THAKUR S/O SH.
SANKAR LAL SHARMA R/O
VILLAGE PANJAL AND POST
OFFICE JAI NAGER TEHSIL ARKI
AND DISTRICT SOLAN H.P
(RETIRED AS CONDUCTOR FROM
HRTC NALAGARH UNIT)
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN,
ADVOCATE)
3. CIVIL WRIT PETITION No.979 of 2022
Between:-
ROSHAN LAL S/O SH GUNIYA
RAM R/O VILLAGE AND POST
OFFICE ARKI, WARD NO.3, TEHSIL
ARKI DISTT. SOLAN HP RETIRED
AS CONDUCTOR FROM HRTC
SOLAN UNIT.
....PETITIONER
(BY MR. ASHOK KUMAR,
ADVOCATE)
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AND
.
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
r ....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
4. CIVIL WRIT PETITION No.981 of 2022
Between:-
SAGLI RAM S/O SH HUSNAKI R.O
VILLAGE JANDAL AND POST
OFFICE HIMMAR TEHSIL TONI
DEVI DISTT. HAMIRPUR HP
RETIRED AS CONDUCTOR FROM
HRTC HAMIRPUR UNIT.
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
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5. CIVIL WRIT PETITION No.984 of 2022
Between:-
.
RAMESH CHAND S/O LATE SH.
LABH CHAND R/O VILLAGE
PANOG, POST OFFICE HAOLG
DISTRICT SHIMLA H.P (RETIRED
AS CONDUCTOR/ ADDA
CONDUCTOR FROM HRTC LOCAL
SHIMLA UNIT).
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
6. CIVIL WRIT PETITION No.994 of 2022
Between:-
RAMESH CHANDER, SON OF SH.
PREMU RAM, R/O VILLAGE
KHUJALI, PO SAMOH, TEHSIL
JHANDUTTA DISTT. BILASPUR HP
RETIRED AS CONDUCTOR FROM
HRTC BILASPUR UNIT.
....PETITIONER
(BY MR. ASHOK KUMAR,
ADVOCATE)
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AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
.
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
7. CIVIL WRIT PETITION No.995 of 2022
Between:-
GIAN CHAND, S/O SH. JEET RAM
R/O VILL KUNJYARA PO BADDAL
GOELA TEH KAUSHALI AND
DISTT SOLAN HP RETIRED AS
SUB INSPECTOR FROM HRTC
PARWANOO UNIT.
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
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8. CIVIL WRIT PETITION No.1000 of 2022
Between:-
.
SANT RAM, S/O SH. DAYA RAM
R/O VILLAGE KOT AND POST
OFFICE KUNIHAR TEHSIL ARKI
AND DISTRICT SOLAN H.P.
(RETIRED AS CONDUCTOR FROM
HRTC SHIMLA RURAL UNIT).
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
9. CIVIL WRIT PETITION No.1004 of 2022
Between:-
BABU RAM, S/O SH. DEVI RAM
R/O VILLAGE RAMPUR AND POST
OFFICE AND TEHSIL RAMSHEHAR
AND DISTRICT SOLAN H.P
(RETIRED AS CONDUCTOR FROM
HRTC NALAGARH UNIT).
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
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AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
.
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
10. CIVIL WRIT PETITION No.1005 of 2022
Between:-
OM PRAKASH, SON OF LATE SH.
KRIPA RAM THAKUR R/O
VILLAGE TOTU DHANDA AND
TEHSIL AND DISTT. SHIMLA HP
(RETIRED AS ADDA CONDUCTOR
FROM HRTC LOCAL UNIT DHALLI)
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
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11. CIVIL WRIT PETITION No.1006 of 2022
Between:-
.
DEV RAJ, S/O SH. DHANI RAM R/O
VILLAGE AND POST OFFICE
HANUMAN BAROG, TEHSIL ARKI
AND DISTRICT SOLAN H.P
(RETIRED AS CONDUCTOR FROM
HRTC TARA DEVI SHIMLA UNIT).
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
12. CIVIL WRIT PETITION No.1007 of 2022
Between:-
AGYA RAM, S/O SH. PARAS RAM
R/O VILLAGE KHAJJIAN AND
POST OFFICE BAHCNA AND
TEHSIL BARSAR DISTRICT
HAMIRPUR H.P (RETIRED AS
ADDA CONDUCTOR FROM HRTC
LOCAL UNIT DHALLI SHIMLA).
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
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AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
.
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
13. CIVIL WRIT PETITION No.1008 of 2022
Between:-
RAJINDER SINGH, S/O LATE SH
AMAN SINGH R/O VILLAGE
JHANDI AND POST OFFICE
KUNIHAR AND TEHSIL ARKI
DISTRICT SOLAN H.P (RETIRED
AS CONDUCTOR FROM HRTC
LOCAL UNIT SHIMLA )
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
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14. CIVIL WRIT PETITION No.1011 of 2022
Between:-
.
KHEM CHAND, S/O SH. LEKH RAM
R/O VILLAGE AND POST OFFICE
DARWARA TEHSIL AND DISTRICT
SOLAN H.P (RETIRED AS
CONDUCTOR FROM HRTC SOLAN
UNIT)
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
15. CIVIL WRIT PETITION No.1012 of 2022
Between:-
SANT RAM, S/O SH. MANGRU
RAM R/O VILLAGE ARLOT, POST
OFFICE HALOG DHAMMI
DISTRICT SHIMLA H.P (RETIRED
AS CONDUCTOR FROM HRTC
DHALLI SHIMLA UNIT)
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
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11
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
.
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
16. CIVIL WRIT PETITION No.1013 of 2022
Between:-
SHANKAR LAL, S/O SH. RAM
DASS R/O VILLAGE AND POST
OFFICE KHANAL TEHSIL ARKI
AND DISTRICT SOLAN H.P
(RETIRED AS CONDUCTOR FROM
HRTC SOLAN UNIT)
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
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17. CIVIL WRIT PETITION No.1014 of 2022
Between:-
.
JAGTAR SINGH, S/O SH. RATTAN
SINGH R/O VILLAGE AND POST
OFFICE JOGHON TEHSIL
NALAGARH DISTRICT SOLAN H.P
(RETIRED AS SUB-INSPECTOR
FROM HRTC NALAGARH UNIT)
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
18. CIVIL WRIT PETITION No.1021 of 2022
Between:-
OM PARKASH, SON OF SH. SALI
RAM THAKUR, R/O WARD NO. 4
VILLAGE SAMLOTU PO USTEHER
AND DISTT. KANGRA HP
(RETIRED AS CONDUCTOR FROM
HRTC, HAMIRPUR UNIT).
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
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13
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
.
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
19. CIVIL WRIT PETITION No.1022 of 2022
Between:-
GIAN SINGH, S/O SH. RAMA RAM
R/O VILLAGE DALELA POST
OFFICE MAJHWAR TEHSIL
GHUMARWAIN DISTRICT
BILASPUR H.P (RETIRED AS
CONDUCTOR FROM HRTC
BILASPUR UNIT )
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
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20. CIVIL WRIT PETITION No.1024 of 2022
Between:-
.
RAMESH CHAND, S/O SH. MELA
RAM R/O VILLAGE AND POST
OFFICE DEWARA TEHSIL ARKI
AND DISTRICT SOLAN H.P
(RETIRED AS CONDUCTOR FROM
HRTC ROHRU UNIT)
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
21. CIVIL WRIT PETITION No.1031 of 2022
Between:-
RAM LAL, S/O SH. SANT RAM R/O
VILLAGE NIHAL PO BAMTA
TEHSIL AND DISTRICT BILASPUR
HP RETIRED AS CONDUCTOR
FROM HRTC NAHAN UNIT.
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
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15
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN,
ADVOCATE)
22. CIVIL WRIT PETITION No.1032 of 2022
Between:-
HARI SINGH, S/O CHET RAM R/O
VILLAGE PASAL PO DHUNDAN
TEHSIL ARKI DISTT. SOLAN HP
RETIRED AS CONDUCTOR FROM
HRTC LOCAL UNIT.
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
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23. CIVIL WRIT PETITION No.1034 of 2022
Between:-
.
DEEP RAM, S/O LT. SH DURGA
RAM, VILLAGE KHOTI KUNAL
POST OFFICE BATHALANG
TEHSIL ARKI DISTT SOLAN HP
RETIRED AS CONDUCTOR FROM
HRTC LOCAL SHIMLA UNIT II.
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
24. CIVIL WRIT PETITION No.1043 of 2022
Between:-
KASHMIR SINGH, S/O SH. PREM
LAL, R/O WARD NO.8 HOUSE NO.
197 POST OFFICE, TEHSIL AND
DISTRICT HAMIRPUR HP RETIRED
AS CONDUCTOR FROM HRTC
HAMIRPUR UNIT.
....PETITIONER
(BY MR. ASHOK KUMAR,
ADVOCATE)
AND
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1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
25. CIVIL WRIT PETITION No.1044 of 2022
Between:-
MUKHTIAR SINGH, S/O SH.
BASANT SINGH R/O VILLAGE
NANGAL KUHI AND POST OFFICE
JOGHON TEHSIL NALAGARH
DISTT. SOLAN HP RETIRED FROM
NALAGARH AS SUB INSPECTOR.
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
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26. CIVIL WRIT PETITION No.1045 of 2022
Between:-
.
JAGDISH CHAND, S/O SH. GOVIND
R/O VILLAGE BAMBLEY AND
POST OFFICE SEWRA CHANDI
TEHSIL ARKI DISTT. SOLAN HP
RETIRED AS CONDUCTOR FROM
HRTC TARA DEVI SHIMLA UNIT
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
27. CIVIL WRIT PETITION No.1047 of 2022
Between:-
SUDAMA RAM, S/O SH DEEP RAM
R/O VILLAGE AND POST OFFICE
CHANDI TEHSIL AND DISTT.
SOLAN HP RETIRED AS
CONDUCTOR FROM HRTC
SHIMLA RURAL UNIT
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
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1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
28. CIVIL WRIT PETITION No.1081 of 2022
Between:-
JAGDISH CHAND, S/O SH.
NAROTTAM DASS R/O VILLAGE
AND POST OFFICE MANGU
TEHSIL ARKI DISTRICT SOLAN
H.P (RETIRED AS CONDUCTOR
FROM HRTC SHIMLA UNIT-III).
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN,
ADVOCATE)
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29. CIVIL WRIT PETITION No.1082 of 2022
Between:-
.
RAM LOK, S/O LATE SH. MUNSHI
RAM R/O VILLAGE AND POST
OFFICE AND TEHSIL NALAGARH
DISTRICT SOLAN H.P (RETIRED
AS CONDUCTOR FROM HRTC
TARA DEVI SHIMLA)
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
30. CIVIL WRIT PETITION No.1085 of 2022
Between:-
RAM DYAL, S/O SH. LEKH RAM
R/O VILLAGE RAJJOWAL POST
OFFICE RAJPURA TEHSIL
NALAGARH DISTRICT SOLAN H.P
(RETIRED AS ADDA
CONDUCTOR/CONDUCTOR FROM
HRTC PARWANOO UNIT).
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
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21
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
.
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
31. CIVIL WRIT PETITION No.1087 of 2022
Between:-
KAMAL SINGH, SON OF SHRI PIRU
RAM RESIDENT OF VPO KUHAN,
TEHSIL JAISINGHPUR, DISTRICT
KANGRA, H.P.
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE
ON BEHALF OF MR.DEVENDER K.
SHARMA, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION THROUGH ITS,
MANAGING DIRECTOR, SHIMLA-
171003.
2. REGIONAL MANAGER, HRTC,
HAMIRPUR, DISTRICT KANGRA,
H.P.
....RESPONDENTS
(BY MR. VIKAS RAJPUT,
ADVOCATE)
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32. CIVIL WRIT PETITION No.1092 of 2022
Between:-
.
KISHORI LAL, SON OF SH. CHITKU
RAM, VPO ALAMPUR, TEHSIL
JAISINGHPUR, DISTRICT
KANGRA, H.P.
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE
ON BEHALF OF MR.DEVENDER K.
SHARMA, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION THROUGH ITS,
MANAGING DIRECTOR, SHIMLA-
171003.
2. REGIONAL MANAGER, HRTC,
PALAMPUR, DISTRICT KANGRA,
H.P.
....RESPONDENTS
(BY MR. VIKAS RAJPUT, ADVOCATE)
33. CIVIL WRIT PETITION No.1125 of 2022
Between:-
PREM CHAND, S/O SH. DHANI
RAM R/O VILLAGE AND POST
OFFICE KRISHANGARH SUB-
TEHSIL KUTAR AND DISTRICT
SOLAN H.P (RETIRED AS
CONDUCTOR FROM HRTC
SHIMLA RURAL UNIT)
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
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23
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
.
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
34. CIVIL WRIT PETITION No.1183 of 2022
Between:-
BALBIR SINGH, SON SH.
SHANKAR LAL R/O VILLAGE
SEHBAAR AND POST OFFICE
KUNIHAR TEHSIL ARKI AND
DISTRICT SOLAN H.P (RETIRED
AS ADDA CONDUCTOR FROM
HRTC SHIMLA RURAL UNIT)
....PETITIONER
(BY MR. ASHOK KUMAR,
ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN,
ADVOCATE)
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35. CIVIL WRIT PETITION No.1204 of 2022
Between:-
.
RAVI SHANKAR, S/O LT. SH RODA
RAM R/O VILLAGE MAJRA POST
OFFICE DABHOTA TEHSIL
NALAGARH DISTT. SOLAN HP
RETIRED FROM NALAGARH AS
CONDUCTOR
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
36. CIVIL WRIT PETITION No.1819 of 2022
Between:-
OM PARKASH S/O SH. NASIB
CHAND R/O VILLAGE KHARA
NIHALA AND POST OFFICE
KHARA AND TEHSIL NALAGARH
AND DISTT. SOLAN H.P. (RETIRED
AS SUB-INSPECTOR FROM HRTC
PARWANOO UNIT)
....PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
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25
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC) THROUGH
ITS, MANAGING DIRECTOR OLD
BUST STAND SHIMLA-1.
.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION AD
OFFICE OLD BUS STAND,
SHIMLA.
....RESPONDENTS
(BY MR. AJAY CHAUHAN, ADVOCATE)
These petitions coming on for admission this day, Hon'ble
Ms. Justice Sabina, passed the following:
ORDER
Vide this order, above-mentioned writ petitions, would be disposed of as issue involved in all the petitions is common.
2. Learned counsel for the petitioners has submitted that the petitioners were liable to be granted two additional increments on completion of twenty years of service, as per notification dated 10th September, 2015 (Annexure P-1). Case of the petitioners was covered by the decision given by this Court in CWP No.4167 of 2019, titled Himachal Road Transport Corporation Vs. Suresh Kumar and others, decided on 29th November, 2021 (Annexure P-2).
3. Learned counsel for the petitioners has further submitted that the respondent-Corporation had filed Review Petition No.242 of 2022, challenging order dated 29th November, 2021 (Annexure P-2) and the said review petition was dismissed, vide order dated 1st July, 2022. Thereafter, respondent-Corporation had approached the ::: Downloaded on - 22/08/2022 20:01:56 :::CIS 26 Hon'ble Supreme Court by way of a Special Leave Petition and the same was also dismissed, vide order dated 16th August, 2022.
.
Learned counsel for the petitioners has placed on record copies of orders dated 1st July, 2022 and 16th August, 2022.
4. Learned counsel for the respondent-Corporation has failed to controvert the factual aspect of the submissions made by learned counsel for the petitioners.
5. Suresh Kumar and others had approached the Himachal Pradesh Administrative Tribunal by filing an original application, seeking a direction that they be granted two special increments on completion of twenty years of their services and after re-fixation of their pay and pension, all the arrears be released to them. The said original application was allowed by the Tribunal. Corporation approached this Court by way of CWP No.4167 of 2019, challenging the order dated 10th December, 2018 passed by the Tribunal in O.A. No.797 of 2016.
The said writ petition was dismissed by a Coordinate Bench of this Court, vide order dated 29th November, 2021, wherein it was observed as under:-
"11. Perusal of above noticed notification especially Clause (iv) thereof does not justify the stand taken by the petitioner herein, rather plain reading of such Clause reveals that it applied to all Conductors, who had not been promoted till 01.07.2015 even after rendering 20 years of service before issuance of the ::: Downloaded on - 22/08/2022 20:01:56 :::CIS 27 notification. Admittedly, respondents herein had completed 20 years of service much before the issuance of this notification and had also not got any .
promotion before 01.07.2015, therefore, the denial of benefit of two additional increments as per notification dated 10.09.2015 to them cannot be justified. Merely because the respondents herein were re-designated as Conductors-Adda Incharge cannot be a ground to deny them the benefit as aforesaid. It is settled that re-designation of a post does not amount to promotion especially in the case of respondents herein where the order of re-designation specifically provided that such re-designation did not involve assumption of duties and responsibilities of higher nature and as such, FR 22-1(a) (i) was not to be attracted."
6. Accordingly, the writ petitions are disposed of in terms of order dated 29th November, 2021, passed in CWP No.4167 of 2019, titled Himachal Road Transport Corporation Vs. Suresh Kumar and others (Annexure P-2).
Pending miscellaneous application(s), if any, also stand disposed of.
( Sabina ) Judge ( Sushil Kukreja ) Judge August 18, 2022 ( Himalvi) ::: Downloaded on - 22/08/2022 20:01:56 :::CIS