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Himachal Pradesh High Court

Ramesh Kumar vs Hrtc & Another on 26 November, 2019

Bench: L.Narayana Swamy, Jyotsna Rewal Dua

    IN THE HIGH COURT OF HIMACHAL PRADESH,
                  SHIMLA
                                CWP No.3272 of 2019
                                Decided on: 26.11.2019




                                                                          .
    Ramesh Kumar                               ...Petitioner.





                                 Versus

    HRTC & another                           ....Respondents.





    ................................................................................................
    Coram
    The Hon'ble Mr. Justice L.Narayana Swamy, Chief Justice
    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
    Whether approved for reporting?1

    For the petitioner:


     For respondents:
                         r               to
                                     Mr. Hamender Singh Chandel,
                                     Advocate.

                                     Mr. Shyam Chauhan, Advocate, for
                                     the respondents.


    L.Narayana Swamy, Chief Justice (Oral)

Notice. Mr. Shyam Chauhan, learned counsel, appears and accepts service of notice on behalf of the respondents.

The writ petition is filed with the following prayer:-

"(a) That the acts of commission and omission whereby the petitioner has been denied the payment of DCRG, Leave Encashment and Commuted value of pension on the date of retirement may be held illegal.

(b) That the petitioner may be held entitled to interest @ 8.5% per annum on the amount of DCRG, Leave Encashment and Commuted value of pension w.e.f.

31.12.2018 (date of retirement of petitioner) till the date actual payment.

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

c) Any other relief deemed fit in the facts and circumstances of the case may also be allowed."

.

2. According to the petitioner, the issue is covered in his favour by the judgment of this Court rendered in CWP No. 3050 of 2014, titled Nek Ram Versus State of H.P. & others, decided on 17.07.2014. Mr. Shyam Chauhan, Advocate, representing the respondents, concedes that the petitioner is entitled to the reliefs prayed for, in view of the judgment of this Court in Nek Ram's case supra. If that be so, similar treatment be extended to the petitioner herein also as to the petitioner in the above referred decision, in case the petitioner is also similarly situated, within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition and copy of judgment referred to above, by the petitioners before the first respondent.

3. With these observations, the writ petition stands disposed of, so also the pending application(s), if any.

(L. Narayana Swami), Chief Justice (Jyotsna Rewal Dua), Judge 26th November, 2019 (rohit) / ::: Downloaded on - 27/11/2019 20:24:23 :::HCHP