Himachal Pradesh High Court
Rajinder Kumar vs Hrtc & Anr on 8 September, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.6230 of 2023 Decided on: 8th September, 2023 _________________________________________________________________ .
Rajinder Kumar ....Petitioner
Versus
HRTC & Anr. ... Respondents
_________________________________________________________________ Coram of Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting?
_________________________________________________________________ For the petitioner:
rt Ms. Anuja Mehta, Advocate.
For the respondents: Mr. Dheeraj K.Vashisth, Advocate.
Jyotsna Rewal Dua, Judge
Notice. Mr. Dheeraj Kumar Vashishat, learned Standing Counsel, appears and waives service of notice on behalf of the respondents.
2. As per the pleadings made in the writ petition, respondent-Corporation granted certain financial benefits to the petitioner, post his retirement on the basis of decision dated 02.07.2015, passed in CWP No. 1459 of 2015 (Brij Lal Thakur Versus Himachal Road Transport Corporation and another). This judgment was affirmed by 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes ::: Downloaded on - 08/09/2023 20:35:57 :::CIS -2- the Hon'ble Apex Court on 11.11.2021 in Civil Appeal Nos.
3670-3671 of 2017 (Himachal Road Transport Corporation & Anr Vs Brij Lal Thakur).
.
3. The case of the petitioner is that the said Brij Lal Thakur, petitioner in CWP No. 1459 of 2015 was granted interest on the monetary benefits released to him, however, monetary benefits released to the petitioner are without of interest. For claiming the interest on the monetary benefits, already paid to the petitioner, the instant petition has been rt filed seeking following substantive relief:-
"(i) That the action of the respondents in not releasing the interest on the amount of arrears of pensionary/retiral benefits to the petitioner may kindly be held illegal, arbitrary, contrary, unjust, unwarranted, unreasonable, unjustified, invalid, unconstitutional, discriminatory, violative or Articles 14 and 16 of the Constitution of India, unsustainable in the eyes of law and contrary to the law laid down by this Hon'ble Court vide judgment dated 02.07.2015 (Annexure-P/1) and judgment dated 11.11.2021(Annexure-P/2) passed by the Hon'ble Supreme Court of India.
ii). That the respondents may kindly be directed to pay interest @ 9% per annum on above mentioned amount of Rs. 4,85,257/-( Rs. Four Lac Eighty Five Thousand Two Hundred Fifty Seven only) to the petitioner from the due date i.e. 01.08.2005 till its realization i.e 27.06.2023, in view of the law laid down by this Hon'ble Court and the Hon'ble Supreme Court vide judgments dated 02.05.2015 (Annexure P/1) and judgment dated 11.11.2021(Annexure-P/2) respectively forthwith."
4. Learned counsel further submitted that petitioner would be content in case respondent No.1/competent ::: Downloaded on - 08/09/2023 20:35:57 :::CIS -3- authority is directed to examine the case of the petitioner in light of decision in Brij Lal Thakur's case supra, for considering his eligibility towards the interest as claimed by .
him, within a time bound schedule. Learned counsel for the respondent has no objection for considering this plea.
5. In view of the above submissions, but without examining the merits of matter this writ petition is disposed of of by directing respondent No.1/competent authority to examine and decide the case of the petitioner for the relief rt claimed by him in accordance with law and in light of the aforesaid judgment, by passing appropriate order within a period of four weeks. The decision so arrived at be also communicated to the petitioner.
The pending miscellaneous application(s), if any, also stand disposed of.
Jyotsna Rewal Dua Judge September 08, 2023 R.Atal ::: Downloaded on - 08/09/2023 20:35:57 :::CIS