Amar Chand vs Hrtc And Another on 10 August, 2023

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Himachal Pradesh High Court

Amar Chand vs Hrtc And Another on 10 August, 2023

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4028 of 2023 Decided on: 10th August, 2023

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    Amar Chand                                                        .....Petitioner





                                               Versus





    HRTC and another                                              .....Respondents

------------------------------------------------------------------------------------- Coram of Ms. Justice Jyotsna Rewal Dua Whether approved for reporting? 1 For the Petitioner:

rt Mr. Manohar Lal Sharma, Advocate.

For the Respondents: Ms. Reeta Thakur, Advocate.

------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Ms. Reeta Thakur, learned Standing Counsel, appears and waives service of notice on behalf of the respondents.

2. 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 overstay allowance to the petitioner w.e.f.

14.09.2004 to 31.10.2015 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-4."

1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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3. Learned counsel for the petitioner submitted that the case of the petitioner is squarely covered by the judgment dated 1.4.2015 passed by this Court in CWP .

No.3097/2014 (Devender Chauhan Versus Himachal Road Transport Corporation and another). Learned counsel further submitted that the petitioner would be content in case a direction is issued to the respondents/ competent authority to consider and decide the case of the of petitioner for redressal of his grievances raised in the writ petition in light of the aforesaid judgment within a fixed rt time schedule. Learned Standing Counsel for the respondents is not averse to this prayer.

4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of by directing the respondents/ competent authority to consider and decide the case of the petitioner for redressal of his grievances raised in the writ petition, in accordance with law and taking into consideration the above judgment in the case of Devender Chauhan, supra, within a period of six weeks from today.

The decision so arrived at shall also be communicated to the petitioner.

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The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.


                                                Jyotsna Rewal Dua
    August 10, 2023                                   Judge
           Mukesh





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