High CourtsDivision Bench

Gauri Lal vs HRTC & Anr

High Court Of Himachal Pradesh · Decided on 28 December 2022 · Citation: (2022) 12 SHI CK 0126

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Virender Singh, J
CASE NUMBER
Civil Writ Petition No. 8448 Of 2022
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Judgment

8 paragraphs · 246 words

Tarlok Singh Chauhan, J

1.

Notice. Ms. Shubh Mahajan, Advocate, appears and waives service of notice on behalf of the respondents.

2.

The instant petition has been filed for grant of the following substantive reliefs:­

“i) That the writ in the nature of mandamus may very kindly be issued to the respondent corporation to pay the overstayal allowance to the petitioner w.e.f. 24.5.2009 to 30.9.2019 with interest @ 12% per annum as per the judgment passed by this Hon’ble Court in CWP No. 3097 of 2014, titled as Devender Chauhan Versus HRTC and another, decided on 01.04.2015, contained in Annexure P­ 1.

ii) That the respondent No. 1 may kindly be directed to decide the representation dated 20.092022 (Annexure P­2) within a time bound manner..”

3.

The parties to the lis are ad­idem that the issue in question is squarely covered by a judgment rendered by a Single Bench of this Court in CWP No. 3097 of 2014, titled as, Devender Chauhan Versus Himachal Road Transport Corporation and another, decided on 01.04.2015.

4.

In the given facts and circumstances of the case, we deem it appropriate to dispose of the petition by directing the respondents to pay the overstay allowance to the petitioner, from the due date, within a period of four weeks from today, failing which, respondents shall be liable to pay interest @ 9% per annum to him. The pending application(s), if any, are also disposed of.

For compliance, to come up on 1.3.2023.