Himachal Pradesh High Court
Date Of Decision: 03.07.2025 vs Himachal Road Transport on 3 July, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
2025:HHC:21031 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5436 of 2024 Date of decision: 03.07.2025 Rattan Lal. ...Petitioner.
.
Versus
Himachal Road Transport
Corporation & Anr. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? Yes.
For the petitioner : Mr. Vijay Chaudhary, Advocate. For the respondents : Mr. Vinod K. Gupta, Advocate. Jyotsna Rewal Dua, Judge Petitioner seeks directions to the respondent-
Corporation to release payment in lieu of 619 days of accumulated compensatory leaves falling to his credit by computing them on the last Basic Pay + Dearness Allowance drawn by him at the time of his superannuation @ 12% interest p.a. from due date till actual payment. Respondents plead that due and admissible amount along with interest, as directed by the Court in an earlier writ petition filed by the petitioner, has already been paid to him in lieu of his compensatory leaves.
2. Background.
2(i). The petitioner was appointed as Conductor in the respondent-Corporation in the year 1984. He retired as 1Whether reporters of Local Papers may be allowed to see the judgment? Yes ::: Downloaded on - 07/07/2025 21:17:06 :::CIS
-2- 2025:HHC:21031 Senior Auditor on 31.12.2020 on attaining the age of superannuation. CWP No.1910 of 2021 was instituted by the petitioner claiming payment in lieu of 619 days of .
accumulated compensatory leaves along with interest at the rate of 12% per annum w.e.f. 2011. The respondents did not file reply to the petition. The writ petition was disposed of on 16.06.2021 with directions to the respondents to release payment of 619 days of accumulated compensatory leaves within a period of four weeks, failing which the amount was to carry interest @ of 12% p.a. The judgment reads as under:-
"The instant petition has been filed for grant of the following substantive relief:-
"That the respondents may kindly be directed to release the payment of 619 days of accumulated compensatory leave along with interest @ 12% p.a. w.e.f. 2011 in favour of the petitioner."
2. Record reveals that the entire premises on the basis of which the petition has been founded is the acknowledgments regarding the claim of the petitioner having been made from time to time, as is evident from Annexure P-2, appended with this petition, collectively.
3. On the last date of hearing, the learned counsel for the HRTC had informed us that a Committee had been constituted to submit a report upon the issue regarding "Carry forward of Weekly rests in respect of HRTC employees" and the recommendations of the Committee were awaited.
4. As observed above, the Committee so constituted, could have only gone into the claims of the employees, which have not been acknowledged or admitted by the HRTC. But, in the instant case, as observed above, the claim of the petitioner has been expressly acknowledged in various correspondences, more particularly, in Annexure P-2.
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5. Therefore, in such circumstances, we feel that it was not at all either proper or necessary for the respondents to have referred the matter to the Committee, so constituted by them.
6. In the given facts and circumstances of the case, we dispose of the petition by directing the .
respondents to release the payment of 619 days of accumulated compensatory leave within a period of four weeks from today, failing which, the same shall carry interest at the rate of 12% per annum.
7. Pending application(s), if any, also stand disposed of.
8. For compliance, to come up on 14th July, 2021."
2(ii).
The disposed of writ petition was ordered to be listed for compliance on 14.07.2021. The respondents moved an application bearing CMP No.8934 of 2021 for recalling the judgment dated 16.06.2021. The respondents also placed on record office instructions (present Annexure P-4) stating that the Corporation intended to clear the dues in accordance with provisions of the Motor Transport Workers Act, 1961, subject to auditing and re-scrutinizing the records from the concerned unit. Relevant portion of the office instructions placed on record of CWP No.1910 of 2021 reads as under:-
"You are therefore requested to apprise the Hon'ble High Court on the matter of unutilized compensatory leave of the employees, that the Corporation is intended to pay the dues as per the provision mentioned in Motor Transport Workers Act - 1961, which shall be the subject matter of Auditing and re-scrutinizing the record sought from the unit concerned. The process shall be executed in time bound manner as is evident that many similar cases ::: Downloaded on - 07/07/2025 21:17:06 :::CIS
-4- 2025:HHC:21031 are being filed by the employees in the Hon'ble High Court and financial position of Corporation is grim. Hence it is requested to seek time to adopt a process of consideration and payment on organisation level, to avoid any further litigation and unnecessary expenditure to the corporation please."
.
Respondents' application for recalling the judgment was dismissed on 16.03.2023. Vide same order time was extended for respondents to comply the decision by six months.
2(iii). On 18.09.2023 when the disposed of CWP No.1910 of 2021 was listed before the Court for reporting compliance, learned counsel for the parties apprised that payment in lieu of 619 days of accumulated compensatory leaves had been released to the petitioner along with interest component. Learned counsel for the petitioner made a submission that only a sum of Rs.3,48,778/- had been paid by the respondents on 15.09.2023; The said payment was not complete compliance of the judgment. Whereafter by following order, the respondents were directed to file an affidavit detailing the calculations on the basis of which amount of Rs.3,48,778/- had been paid to the petitioner in lieu of his compensatory leaves:-
"Vide judgment dated 16.06.2021, respondents were directed to release the payment of 619 days of accumulated compensatory leave to the petitioner within four weeks, failing which ::: Downloaded on - 07/07/2025 21:17:06 :::CIS
-5- 2025:HHC:21031 respondents were further directed to pay interest @ 12 % per annum.
Learned counsel for the petitioner submits that petitioner has only been paid a sum of Rs. 3,48, 778/- by the respondents on 25.09.2023 which according to learned counsel for the petitioner is not .
the complete compliance of the judgment passed by this Court.
Let respondents file an affidavit, detailing the calculations on the basis of which the amount of Rs. 3, 48, 778/- has been paid, within one week.
List on 26.09.2023."
2(iv). Pursuant to the above, the respondents filed compliance affidavit on 25.09.2023 appending therewith the calculation sheet concerning payment for compensatory leaves. The calculations depicted computation of amount on the basis of provisions of the Motor Transport Workers Act.
Taking note of the compliance affidavit filed by respondents, the proceedings in the writ petition were closed vide following order dated 02.05.2024 with liberty to the petitioner to seek appropriate remedy for the redressal of the dispute raised by him that the respondents had not paid for the compensatory leave on the basis of last drawn salary of the petitioner at the time of superannuation:-
"Compliance affidavit has been filed. The judgment has been complied with. No further orders are required to be passed in this petition.
At this stage, learned counsel for the petitioner submits that the respondent shave not paid to the petitioner, the amount which they themselves had calculated on the basis of last drawn salary of the petitioner. The contention so raised by the petitioner ::: Downloaded on - 07/07/2025 21:17:06 :::CIS
-6- 2025:HHC:21031 cannot be decided in this petition. However, he is at liberty to avail appropriate remedy in accordance with law, if so advised. Accordingly, the instant petition is closed."
In view of liberty granted to the petitioner, he has .
now instituted this writ petition seeking direction to the respondent-Corporation to release payment in lieu of 619 days of accumulated compensatory leaves by calculating the same on the last Basic Pay + Dearness Allowance, which the petitioner had drawn at the time of his superannuation @ 12% interest p.a. from due date till actual payment.
3. In support of the claim made in the writ petition, learned counsel for the petitioner urged that payment in lieu of compensatory leaves was made by the respondent-
Corporation to S/Sh. Sant Ram, Rishi Ram, Ram Krishan and Kushal Singh, by calculating the same on last Basic Pay + Dearness Allowance drawn by them at the time of their superannuation. Learned counsel for the petitioner submitted that the petitioner could not have been discriminated vis-à-vis aforesaid four persons. In case of petitioner also, payment for compensatory leaves was required to be calculated on the basis of last Basic Pay + Dearness Allowance which the petitioner had drawn at the time of his superannuation, i.e. on 31.12.2020. Learned ::: Downloaded on - 07/07/2025 21:17:06 :::CIS
-7- 2025:HHC:21031 counsel for the petitioner placed reliance upon State of Uttar Pradesh & Ors. vs. Arvind Kumar Srivastava & Ors.1 to buttress his argument that when a particular set of .
employee is given relief, all other identically situated persons should be treated alike by extending the same benefit since not doing so would amount to discrimination and be violative of Article 14 of the Constitution.
Learned counsel for the petitioner placed on record an office communication dated 08.03.2019 to highlight that the Board of Directors of the respondent-
Corporation in its 145th meeting held on 17.02.2019 had approved to carry forward the compensatory leaves till December, 2019. Learned counsel submitted that once the compensatory leaves had been carried forward, it was incumbent upon the respondents to have paid for them on the basis of last pay drawn by the petitioner instead of calculating the same on the basis of pay, which the petitioner was drawing at the time of accrual of compensatory leave.
Opposing the above plea, learned counsel for the respondent-Corporation while canvassing the pleaded defense contended that compensatory leave is payable to the 1 2015 1 SCC 347 ::: Downloaded on - 07/07/2025 21:17:06 :::CIS
-8- 2025:HHC:21031 petitioner in accordance with Section 26 of the Motor Transport Workers Act, 1961. The payment for compensatory leaves to the petitioner was in accordance with the above .
provision and also in accordance with directions issued in CWP No.1910 of 2021. Learned counsel further submitted that the payment in lieu of compensatory leaves accruing to four workers, i.e. S/Sh. Sant Ram, Rishi Ram, Ram Krishan and Kushal Singh, was not made in accordance with law.
The payment was made to them erroneously and the respondent-Corporation is in the process of withdrawing the said erroneous orders as the employee does not have right to claim compensatory leave on the basis of last pay drawn by him at the time of superannuation.
4. Heard learned counsel for the parties and considered the case file.
4(i). It is a matter of record that CWP No.1910 of 2021 was moved by the petitioner with the grievance that he had not been paid for his accumulated compensatory leaves for 619 days. The petitioner had sought directions to the respondents to make him payment for accumulated compensatory leaves @ 12% interest p.a. with effect from the year 2011. Aforesaid writ petition was disposed of on ::: Downloaded on - 07/07/2025 21:17:06 :::CIS
-9- 2025:HHC:21031 16.06.2021 with directions to the respondents to release payment of petitioner's accumulated compensatory leaves within a period of four weeks, failing which the amount was .
to carry interest at the rate of 12% p.a. It is also not in dispute that respondents have paid for 619 days of accumulated compensatory leaves of the petitioner along with interest as directed in the aforesaid decision.
4(ii). The surviving grievance of the petitioner as raised in the present petition concerns the basis for calculating the payment made to him in lieu of his accumulated compensatory leaves. According to the petitioner, he is to be paid on the analogy of the payment made to S/Sh. Sant Ram, Rishi Ram, Ram Krishan and Kushal Singh.
It is not in dispute that the aforesaid four persons-employees of the respondent-Corporation had been paid for the accumulated compensatory leaves on the basis of last Basic Pay + Dearness Allowance drawn by them at the time of their superannuation, whereas in case of petitioner, the calculations have been made on the basis of petitioner's Basic Pay + Dearness Allowance drawn by him at the time, the compensatory leaves accrued to him.
::: Downloaded on - 07/07/2025 21:17:06 :::CIS-10- 2025:HHC:21031 Respondents' defense is that payment in lieu of compensatory leaves falling to the credit to the aforesaid four persons had been made on the basis of erroneous .
calculations. The calculations are required to be carried out on the basis of Section 26 of the Motor Transport Workers Act, 1961. That respondent-Corporation is contemplating to withdraw the amount paid in excess to the aforesaid four persons on account of erroneous calculations.
4(iii).
At this stage, it would be appropriate to refer to Section 26 the Motor Transport Workers Act, 1961:-
"26. Extra wages for overtime.--(1) Where an adult motor transport worker works for more than eight hours in any day in any case referred to in the first provision to section 13 or where he is required to work on any day of rest under sub-section (2) of section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of the overtime work or the work done on the day of rest, as the case may be.
(2) Where an adult motor transport worker works for more than eight hours in any day in any case referred to in the second proviso to section 13, he shall be entitled to wages in respect of the overtime work at such rates as may be prescribed.
(3) Where an adolescent motor transport worker is required to work on any day of rest under subsection (2) of sub-section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of the work done on the day of rest.
(4) For the purposes of this section, "ordinary rate of wages" in relation to a motor transport worker means his basic wages plus dearness allowance."
No serious objection was raised by learned counsel for the petitioner that the aforesaid Section is ::: Downloaded on - 07/07/2025 21:17:07 :::CIS
-11- 2025:HHC:21031 applicable to the case of the petitioner for calculating the payment to be made for his accumulated compensatory leaves. It is not the case of the petitioner that payment made .
to him by the respondents in lieu of his accumulated compensatory leaves was not on the basis of or in consonance with Section 26 of the Motor Transport Workers Act, 1961. That being the factual and legal position, merely because compensatory leaves were erroneously paid in case of four workers of respondent-Corporation contrary to provisions of Section 26 of the Act, would not mean that illegality is required to be committed in case of petitioner as well. It is well-settled that there cannot be any negative parity. A Court of law cannot issue directions for grant of relief on the claim of negative parity. R. Muthukumar & Ors. vs. The Chairman and Managing Director Tangedco & Ors.2 holds that benefit conferred on a set of people without legal basis or justification, can neither be multiplied or be relied upon as a principle of parity or equality. Relevant portion of the judgment reads as under:-
"24. A principle, axiomatic in this country's constitutional lore is that there is no negative equality. In other words, if there has been a benefit or advantage conferred on one or a set of people, without legal basis or justification, that benefit cannot multiply, or be relied upon as a principle of parity or 2 2022 SCCOnLine SC 151 ::: Downloaded on - 07/07/2025 21:17:07 :::CIS
-12- 2025:HHC:21031 equality. In Basawaraj & Anr. v. Special Land Acquisition Officer, (2013) 14 SCC 81 this court ruled that:
"8. It is a settled legal proposition that Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases. The said provision does not envisage negative equality but has only a positive .
aspect. Thus, if some other similarly situated persons have been granted some relief/benefit inadvertently or by mistake, such an order does not confer any legal right on others to get the same relief as well. If a wrong is committed in an earlier case, it cannot be perpetuated."
Other decisions have enunciated or applied this principle (Ref: Chandigarh Admn. v. Jagjit Singh, (1995) 1 SCC 745; Anand Buttons Ltd. v State of Haryana, (2005) 9 SCC 164 K.K. Bhalla v. State of M.P., (2006) 3 SCC 581; Fuljit Kaur v.
State of Punjab, (2010) 11 SCC 455; and Chaman Lal v. State of Punjab, (2014) 15 SCC 715 and). Recently, in The State of Odisha v. Anup Kumar Senapati, 2019 SCC Online SC 1207 this court observed as follows:
"If an illegality and irregularity has been r committed in favour of an individual or a group of individuals or a wrong order has been passed by a judicial forum, others cannot invoke the jurisdiction of the higher or superior court for repeating or multiplying the same irregularity or illegality or for passing a similarly wrong order. A wrong order/decision in favour of any particular party does not entitle any other party to claim benefits on the basis of the wrong decision.""
The principle laid down in Arvind Kumar Srivastava1 relied upon by learned counsel for the petitioner, is not applicable to the instant case. The said decision applies to a case where judgment in rem is delivered by the Court of law. The said judgment then is required to be given effect to all other identically situated persons. Instant is not a case where a decision has been rendered in rem which is to be applied to the case of petitioner.
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4(iv). Further, simply because compensatory leaves of
the petitioner have been carried forward from the year of their accrual and have not been allowed to lapse would not .
mean that they are to be paid on the basis of last pay drawn, i.e. at the time of superannuation. The payment has to be made in accordance with law, i.e. in accordance with provisions of Section 26 of the Motor Transport Workers Act, 1961.
4(v).
Another significant factual aspect can also be not lost sight of that during pendency of CWP No.1910 of 2021 for the purpose of filing compliance affidavit, the respondents had placed on record office instructions (Annexure P-4) clearly mentioning that respondent-Corporation intended to make payment of the dues to the petitioner in accordance with provisions of the Motor Transport Workers Act, 1961.
The petitioner was also aware that it is in accordance with this provision that respondents would be paying him for his accumulated compensatory leaves.
Learned counsel for the petitioner's fervent prayer for granting interest on the delayed payment of compensatory leaves from due dates also cannot be countenanced in this second round of litigation. CWP ::: Downloaded on - 07/07/2025 21:17:07 :::CIS
-14- 2025:HHC:21031 No.1910 of 2021 instituted by him was disposed of on 16.06.2021 with directions to the respondents to pay for petitioner's accumulated compensatory leaves within four .
weeks, failing which the amount was to carry interest at the rate of 12% p.a. The respondents calculated the payment due to the petitioner on account accumulated compensatory leaves and since the payment was made beyond the period stipulated in the judgment, also paid interest in accordance with the judgment. This question, therefore, has attained finality and cannot be raised afresh now in the second round of litigation.
5. In view of above discussion, I do not find any merit in this writ petition. Hence, this writ petition is dismissed. Pending miscellaneous application(s), if any, to stand disposed of.
Jyotsna Rewal Dua
3rd July, 2025 Judge
(Pardeep)
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