High CourtsDivision Bench

Rakesh Chand vs HRTC And Another

High Court Of Himachal Pradesh · Decided on 9 April 2021 · Citation: (2021) 04 SHI CK 0073

HON’BLE JUDGES
Sureshwar Thakur, J · Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2317 Of 2021
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Judgment

5 paragraphs · 310 words

Sandeep Sharma, J

1.

By way of present petition, the petitioner has prayed for the following main relief:-

"(i) That respondents may kindly be directed to release/make actual payment of all remaining retiral benefits of the applicant alongwith 9% interest forthwith, for delay on the part of respondent corporation and loss of accretion of capital, from due date till actual payment is made, being a squarely covered matter with CWP No. 3050/2014 titled as Nek Ram v/s State of H.P & others and CWP No. 605/2019 titled as Hukam Chand v/s HRTC. Further respondents may also be directed to pay interest on the all delayed payments from the due date. Further the respondents may kindly be directed to calculated the DCRG of the petitioner in consonance with the prevailing Dearness Allowances & Arrears along with interest at all delayed payments from the due date."

2.

Learned counsel appearing for the parties are ad-idem that the present lis is squarely covered by the judgment rendered by this Court in Nek Ram versus State of Himachal Pradesh and others, decided on 17.7.2014, and the petitioner shall be content and satisfied if a direction is issued to the respondents to consider his case in light of the judgment(Supra).

3.

Consequently, without going into the merits of the case, the present petition is disposed of with a direction to the respondents to consider the case of the petitioner in light of judgment dated 17.7.2014 rendered by this Court in CWP No. 3050 of 2014 titled Nek Ram Versus State of Himachal Pradesh and others, within a period of four weeks from today, and if the petitioner is found to be similarly situate to that of the petitioner in the case supra, consequential benefits be released in his favour, within four weeks thereafter. Petition stands disposed of in the aforesaid terms, alongwith all pending applications.