Devender Kumar vs Hrtc & Anr on 14 August, 2023

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Himachal Pradesh High Court

Devender Kumar vs Hrtc & Anr on 14 August, 2023

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5347/2023 Decided on: 14.08.2023 .

    Devender Kumar                         ....Petitioner.





                                            Versus
    HRTC & Anr.                                                       ......Respondents

............................................................................................. Coram The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.





                                                   of
    Whether approved for reporting?1

    For the petitioner                :       Mr. Abhinav Purohit, Advocate vice
                            rt                Ms. Srishti Chauhan, Advocate.

    For the respondents               :       Mr. Gourav Sharma, Advocate vice

Mr. Dheeraj K. Vashishat, Advocate.

Jyotsna Rewal Dua, J This writ petition has been filed for the grant of following substantive relief:-

"(I) That the writ in the nature of mandamus may very kindly be issued to the respondent corporation to pay the over stay allowance to the petitioner w.e.f. 19.01.2018 to 09.04.2021 with interest @ 12% per annum as per the judgment passed by this Hon'ble Court in CWP No.3097/2014 titled as Devender Chauhan, Versus HRTC and another, decided on 01.04.2015, contained in Annexure P-5."

2. Learned vice counsel for the petitioner submitted that the issue raised in the petition is squarely covered by the judgment rendered in CWP No. 3097/2014 (Devender Chauhan Vs. Himachal Road Transport Corporation & Ors.) decided on 01.04.2015. Learned 1 Whether reporters of the local papers may be allowed to see the judgment?

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vice counsel for the petitioner further submitted that the petitioner would be content, in case, respondents/competent authority are directed to .

consider and decide the case of the petitioner, in light of the law laid down in the aforesaid judgment, in a time bound manner. Prayer is not opposed by learned vice counsel for the respondents.

3. In view of the stand taken by learned counsel for the of parties, but without going into the merits of the case, the writ petition is disposed of by directing the respondents/competent authority to rt consider and decide the case of the petitioner, in accordance with law and in light of the aforesaid judgment within a period of six weeks by passing a reasoned order, which shall be communicated to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of.

Jyotsna Rewal Dua Judge 14th August 2023 (Rohit) ::: Downloaded on - 14/08/2023 20:36:25 :::CIS

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