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2024 DAILYLAW 480 (HP)

SURENDER PAL v. THE HRTC AND OTHERS

CWP/11266/2024 · 2026-03-02

Jyotsna Rewal Dua

body2024

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 11266 of 2024 Decided on: 02.03.2026. ------------------------------------------------------------------------- Surender Pal …..Petitioner Versus Himachal Road Transport Corporation and others .....Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Rakesh Kumar Dogra, Advocate. For the Respondents: Mr. Raman Jamalta, Advocate. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Even though the respondents have not filed reply, however, with the consent of learned counsel for the parties, matter is heard and disposed of. 2. This petition has been filed for following substantive reliefs:- “(i) That the impugned order dated 27.09.2024 (Annexure P-6) passed by respondent No.4 may kindly be quashed and set-aside being wholly unjustified, arbitrary, illegal, void ab-initio, non-est and violative of the judgment dated 15.07.2020 delivered by this Hon’ble Court in CWPOA No. 231/2019 a/w CWPOA No.237/2019 titled as Amar Nath & others vs. State of H.P. & others, by issuing a writ of Certiorari and justice be done. (ii) That a writ in the nature of mandamus may kindly be issued, directing the respondents to allow the petitioner to continue to draw his pay in pursuance of Annexure P-4 dated 13.09.2021 followed by Annexure p-5 dated 31.03.2023 passed by the respondents No. 2 and 3, respectively and not reduce the pay of the petitioner in any case & also, not affect any recovery from the pay of the petitioner in the interest of justice.” 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 3. Learned counsel for the petitioner submits that petitioner’s case for computing approved military service rendered by him prior to his joining in the respondent- corporation as Conductor on contract basis vide office order dated 29.06.2012 followed by regularization of service under office order dated 20.11.2019 is covered by Dilbag Singh versus HRTC & Others.2 The above position is not disputed by learned counsel for the respondents. Learned counsel for the parties have jointly submitted that decision rendered in Dilbag Singh2 has attained finality. 4. In view of the above, directions issued in Dilbag Singh2 shall mutatis mutandis apply to the case of the petitioner as well. Hence, impugned orders are quashed and set-aside with further direction to respondents to re-fix the petitioner’s pay by giving him benefit of his approved military service in terms of Dilbag Singh2. Consequential benefits if any, be released to the petitioner with six weeks. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua March, 02, 2026 Judge yogesh 2CWP No.11982/2024, decided on 28.04.2025