Anil Kumar vs HRTC And Others

Ranjan Sharma, J

The petitioner, has filed the writ-petition, seeking the following reliefs:

(i) That in view of the above mentioned facts and circumstances, the writ petition may kindly be allowed and respondents may kindly be directed to recognize the service of the petitioner from due date alongwith all consequential benefits as per Annexure P-1.

(ii) That the record pertaining to this case may kindly be called for, for the kind perusal of this Hon’ble Court.

(iii) That the writ petition may kindly be allowed with cost.

(iv) That any other reliefs, which Hon’ble Court deem just and proper in the facts and circumstances of the case may also be granted in favour of the petitioner and against the respondents.

This Court issued notice to the respondent corporation on 02.06.2023 directing the respondents to file the reply. The respondents sought for more time for filing the reply on 25.08.2023 and then on 09.10.2023.

Today on 04.11.2023 Sh. Anil Kumar, learned counsel for the petitioner has placed on record\ communication dated 03.11.2023 which reads as under:

“No.:HO:-9E-CWP-3634/23/Anil Kumar/Contd-1582

Himachal Road, Transport Corporation, Shimla-171003.

To,

The Registrar Manager,

Himachal Road Transport Corporation,

Pathankot

Dated: Shimla-171003, the 03 Nov 2023

Subject: Regarding CWP NO. 3436/2023 titled as Anil Kumar Vs. HRTC

Sir,

On the above cited subject it is to inform you that in pursuance of the judgment passed by the Hon'ble High Court of H.P. in CWP. No. 2110/2019 titled as Rajinder Kumar Vs HRTC & others, guidelines for considering the cases for regularization of service in respect of employees who are facing criminal cases has already stands issued vide this office memo dated 22.01.2021. Name of Sh. Anil Kumar S/O Sh. Rashpal Singh R/O Vill. Bohrkh. P.O. Bali, Sub Tehsil Jwali, Distt. Kangra H.P. has already been recommended for regularization vide this office letter dated 25.11.2021. Therefore, in view of of the judgment passed by the Hon'ble High Court of H.P. in CWP. No. 2110/2019 titled as Rajinder Kumar Vs HRTC & others and guidelines issued vide this office memo dated 22.01.2021, you are directed to issue his regularization orders dated 25.11.2021 from due date with condition of subject to final outcome of the case registered against him under intimation to this office so that Hon'ble High Court could be apprized accordingly.”

A perusal of the communication dated 03.11.2023 as furnished by Mr. Virbahadur Verma, Advocate reveals that on 25.11.2021, the General Manager of Respondent Corporation has directed the Regional Manager, Himachal Road Transport Corporation, Pathankot, to issue regularization orders of the petitioner from the due date with the condition, that the same shall be subject to the outcome of the criminal case pending before this Court.

In view of the above instructions, and as requested by the learned counsel for petitioner, Mr. Anil Kumar that the matter may be disposed of by directing the respondents to consider the release of admissible service benefits, including monetary benefits, if any, to the petitioner, in accordance with law.

The request made by Mr. Anil Kumar, as referred to above, be examined by the Managing Director, Himachal Road Transport Corporation in accordance with law, by passing a speaking order, within two months from today.

As aforesaid, the instant writ-petition, as well as the pending miscellaneous application(s), shall also stand disposed of, accordingly.