Himachal Pradesh High Court
Shri Harminder Singh vs Himachal Road Transport Corporation ... on 10 December, 2021
Bench: Sabina, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 7th DAY OF DECEMBER 2021
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 7708 of 2021
Between:-
SHRI HARMINDER SINGH
SON OF LATE SHRI GANGA RAM,
RESIDENT OF VILLAGE & POST OFFICE KALED,
TEHSIL & DISTRICT KANGRA (H.P.)
.....PETITIONER
(BY SH. VARUN THAKUR, ADVOCATE)
AND
1. THE HIMACHAL ROAD TRANSPORT CORPORATION,
SHIMLA- 171003 (H.P.)
THROUGH ITS MANAGING DIRECTOR.
2. THE FINANCIAL ADVISER CUM CHIEF ACCOUNTS OFFICER,
HIMACHAL ROAD TRANSPORT CORPORATION,
HEAD OFFICE, SHIMLA- 171003 (H.P.)
3. THE REGIONAL MANAGER,
HIMACHAL ROAD TRANSPORT CORPORATION,
PALAMPUR, DISTRICT KANGRA (H.P.)
.....RESPONDENTS
(BY SH. SHAYAM SINGH CHAUHAN, ADVOCATE)
____________________________________________________
This petition coming on for admission this day,
Hon'ble Ms. Justice Sabina, passed the following:
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ORDER
Petitioner has filed this writ petition mainly with the .
following relief:
"(i) That the writ of mandamus may kindly be issued in favour of the petitioner directing the respondents to release the revised salary on account of Annexure P-
1 w.e.f. 27.07.2012 to 30.06.2015 (the date of retirement) alongwith interest @9% p.a. from the due date (27.07.2012) till the actual date of payment to the petitioner, in a time bound manner."
2. After hearing learned counsel for the parties, we are of the opinion that this petition is liable to be disposed of in terms of the decision given in CWP No.4321 of 2021, titled Moti Lal Sharma versus Himachal Road Transport Corporation and another and connected matter, decided on 29.11.2021. The operative part of the said order reads as under:-
"5. We are, therefore, persuaded to dispose of these writ petitions with a direction to the respondents to pay the petitioners the gratuity with actual rate of interest as per applicable rules, till the time of actual payment. Apart from that, the respondents shall also pay to the petitioners the due statutory benefits, other retiral benefits and amount of leave encashment alongwith applicable interest, all of which, shall be paid to them within a period of six months from today. The due amount of payment, if delayed beyond six months, it shall be paid with interest at the rate of 9% per annum till the date of its actual payment."::: Downloaded on - 31/01/2022 23:25:01 :::CIS 3
3. Accordingly, this petition is disposed of with a direction to the respondents to pay the entire due retiral benefits .
to the petitioner strictly in terms of the directions given in the aforesaid order dated 29.11.2021, passed in CWP No.4321 of 2021, within a period of six months from today.
4. Pending miscellaneous application(s), if any, shall also stand disposed of.
r to ( Sabina )
Judge
( Jyotsna Rewal Dua )
Judge
7th December, 2021(Rohit)
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