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[Cites 2, Cited by 8]

Himachal Pradesh High Court

Sh. Joginder Singh vs Hrtc And Anr on 19 March, 2021

Bench: Sureshwar Thakur, Sandeep Sharma

           IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
                                                                     CWP No.1739 of 2021
                                                                Date of Decision: 19.3.2021

    Sh. Joginder Singh                                                              .....Petitioner.




                                                                                .
                                                 Versus





    HRTC and Anr.                                                             ...Respondents.
    Coram:
    The Hon'ble Mr. Justice Sureshwar Thakur, Judge.





    The Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting?1
     For the Petitioner:      Mr. L.N. Sharma, Advocate.
        For the Respondents:              Mr. Vikas Rajput, Advocate.





                                                                                       _______
    Sandeep Sharma, J. (oral)

By way of instant petition filed under Article 226 of the Constitution of India, petitioner has prayed for following reliefs:-

i. That the respondents be directed to immediately pay the amount of gratuity, leave encashment, commutation of Pension to the petitioner along with interest @9% per annum on the pending dues under law.
ii. That the respondents may kindly be directed to extend the benefit o the judgment passed by this Hon'ble Court in Nek Ram versus State of H.P. & others (CWP No. 3050/2014), decided on 17.7.2014 by considering his case at par with the aforesaid judgment with all consequential benefits."

2. Learned counsel for the parties are ad-idem that case of the petitioner is squarely covered by the judgment dated 17.7.2014, passed by a coordinate Bench this Court in CWP No. 3050 of 2014, titled Nek Ram v.

State of HP and Ors.

1

Whether reporters of the local papers may be allowed to see the judgment?

::: Downloaded on - 19/03/2021 20:29:15 :::HCHP

...2...

3. Having carefully perused aforesaid judgment rendered by the .

coordinate Bench of this court, this Court finds that case of the petitioner is identical to the aforesaid case decided by this Court. Vide aforesaid judgment, this Court has already dealt with all the points raised in the instant petition and as such, respondents can be directed to decide the case of the petitioner in light of the aforesaid judgment rendered by the Division Bench of this court.

4. Consequently, In view of the above, the directions contained in the aforesaid judgment are ordered to be made mutatis mutandis applicable in the present case for all intents and purposes. In the aforesaid terms, present petition is disposed of alongwith pending application(s), if any.

( Sureshwar Thakur ), Judge ( Sandeep Sharma ), Judge 19th March, 2021 (Manjit/Shankar) ::: Downloaded on - 19/03/2021 20:29:15 :::HCHP