Himachal Pradesh High Court
Jagat Ram vs Hrtc & Others on 12 September, 2019
Bench: Dharam Chand Chaudhary, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
Civil Writ Petition No.2310 of 2019.
Decided on: 12th September, 2019.
Jagat Ram ......Petitioner.
Versus HRTC & Others ....Respondents.
Coram The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge. The Hon'ble Mrs. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 No. For the petitioner : Mr. Ashok Kumar, Advocate.
For the respondents : Mr. Tanuj Thakur, Advocate vice Mr. Ajay Chauhan, Advocate.
Dharam Chand Chaudhary, J. (oral).
The writ petition is filed with the following prayer:-
"i) That respondents may kindly be directed to release/make actual payment of all remaining pensionary/ retiral benefits of the applicant along with 9% interest forthwith, for delay 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 29/09/2019 04:17:34 :::HCHP 2
on the part of respondent-Corporation and loss of accretion of capital, from .
due date till actual payment is made, being a squarely covered matter with CWP No. 3050/2014, titled as Nek Ram v/s State of H.P. & Others and CWP No.605/2019 titled as Hukam Chand v/s HRTC. Further respondents may also be directed to pay interest r on the all delayed payments from the due date. Further the respondents may kindly be directed to calculate the DCRG and pension of the petitioner in consonance with the prevailing Dearness Allowances and Arrears along with interest at all delayed payments from the due date."
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. Tanuj Thakur, Advocate appearing vice Mr. Ajay Chauhan, Advocate learned ::: Downloaded on - 29/09/2019 04:17:34 :::HCHP 3 counsel 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.
(Dharam Chand Chaudhary) Judge.
(Jyotsna Rewal Dua) Judge.
September 12, 2019 (ps) ::: Downloaded on - 29/09/2019 04:17:34 :::HCHP