Ajay Kumar vs HRTC And Ors

Sandeep Sharma, J

By way of instant petition filed under Article 226 of the Constitution of India, petitioner has prayed for following reliefs:-

a) That the writ of mandamus may kindly be issued in favour of the petitioner directing the respondents to release the admissible amount of Gratuity and Leave encashment, Commuted amount of pension, the arrears of pension and GPF along with interest @9% p.a. from the Due Date (01-12-2020) to the petitioner till the actual date of payment, in a time bound manner and in view of the decision of the Division Bench of the Hon'ble High Court of Himachal Pradesh in a case titled as Sh. Nek Ram Vs. State of H.P. & Others (CWP No. 3050/2014 decided on 17.7.2014) at Annexure P-2.

b) That the writ of mandamus may be issued in favour of the petitioner directing the respondents to calculate all the pensionary/retiral benefits of the petitioner on the Dearness Allowance as was admissible at the time of retirement of the petitioner and the amount so calculated may be ordered to be released to him alongwith interest @ 9% p.a. from the Due Date (01-12-2020) till the date of realization of whole amount.

c) That the respondents may also be directed to release the monthly pension amount to the petitioner, in future on 1st day of each month, regularly, in the saving account of the petitioner, in his Bank account."

Learned counsel for the parties are ad-idem that case of the petitioner is squarely covered by the judgment dated 17.7.2014, passed by a coordinate Bench this Court in CWP No. 3050 of 2014, titled Nek Ram v. State of HP and Ors.

Having carefully perused aforesaid judgment rendered by the coordinate Bench of this court, this Court finds that case of the petitioner is identical to the aforesaid case decided by this Court. Vide aforesaid judgment, this Court has already dealt with all the points raised in the instant petition and as such, respondents can be directed to decide the case of the petitioner in light of the aforesaid judgment rendered by the Division Bench of this court.

Consequently, In view of the above, the directions contained in the aforesaid judgment are ordered to be made mutatis mutandis applicable in the present case for all intents and purposes. In the aforesaid terms, present petition is disposed of alongwith pending application(s), if any.