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Himachal Pradesh High Court

Vijay Kumar vs Hrtc on 3 June, 2022

Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
              ON THE 3rd DAY OF JUNE, 2022
                          BEFORE
           HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN




                                                                 .
                              &





         HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
                 CIVIL WRIT PETITION NO. 3510 OF 2022
    Between:­





    VIJAY KUMAR, S/O LATE SH. SARWAN
    SINGH, R/O VILLAGE MALAHAT, POST
    OFFICE AND TEHSIL UNA, DISTRICT
    UNA, H.P.





                                                ......PETITIONER

    (BY  MR.         SURINDER          SAKLANI,
    ADVOCATE)

    AND

    1.  HIMACHAL    ROAD   TRANSPORT
    CORPORATION, OLD BUS STAND,
    SHIMLA, THROUGH ITS MANAGING


    DIRECTOR.
    2. THE REGIONAL MANAGER, HRTC,
    DEPOT UNA, DISTRICT UNA, H.P.




                                                .....RESPONDENTS





    (BY MR. VIKAS RAJPUT, ADVOCATE.)
    __________________________________________________________________

                 This petition coming on for orders this day, Hon'ble Mr.





          Justice Tarlok Singh Chauhan, passed the following:
                                      ORDER

Notice. Mr. Vikas Rajput, learned counsel, appears and waives service of notice on behalf of the respondents.

2. The instant petition has been filed for the grant of following substantive reliefs:­ "(1) That a writ in the nature of mandamus may very kindly be issued thereby directing the respondents to consider petitioner on regular basis right from initial date of ::: Downloaded on - 04/06/2022 20:03:04 :::CIS 2 appointment and further the respondents be directed to grant .

all consequential benefits thereto i.e. arrears and other benefits as have been extended to all those persons applying the judgment in Civil Writ Petition titled Lekh Ram Vs. HRTC and affirmed upto the Hon'ble Supreme Court. (2) The the respondents be directed to release the entire arrears with interest @ 12% p.a. till actual realization."

3. Learned counsel for the petitioner states that the issue in question is clearly covered by a judgment rendered by Hon'ble Supreme Court in Civil Appeal Nos. 1557­1564 of 2019, titled Himachal Road Transport Corporation Vs. Lekh Ram Etc. Etc., decided on 08.02.2019 (Annexure P­3).

4. This is a matter which is required to be considered by the employer. Therefore, without going into the merits of the case, we deem it appropriate to dispose of this petition by directing the respondents to consider and decide the case of the petitioner in terms of the judgment referred to above within a period of six weeks from today and in case his claim is found to be covered by the aforesaid judgment, then, same and similar benefits be also extended to him. Ordered accordingly.

Pending application(s), if any, also stands disposed of.

For compliance to come up on 22.07.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) 03.06.2022 Judge (raman) ::: Downloaded on - 04/06/2022 20:03:04 :::CIS