Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5195 of 2024
Date of Decision: 25.4.2025 _____________________________________________________________________ Rajinder Singh ……...Petitioner Versus Himachal Road Transport Corporation and Anr. …....Respondents
Coram
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Arun Kaushal, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
By way of instant petition, petitioner has prayed for following main reliefs:
“(i) That the respondents may kindly be directed to pay the Gratuity, leave encashment and increment arrears, alongwith interest @9% per annum on the pending dues to the petitioner. (ii) That the respondents may very kindly be directed to extend the benefit of the judgment passed by this Hon’ble Court in Nek Ram v. State of Himachal Pradesh and Ors., CWP No. 3050 of 2014, decided on 17.07.2024, Annexure A-4 to the petitioner forthwith with all consequential benefits.”
2. Before reply, if any, could be received from the respondents, Mr. Raman Jamalta, Advocate, appearing on behalf of the respondents states that relief, as prayed for, in the instant petition
- 2 - has been already granted to the petitioner. To substantiate his aforesaid claim, Mr. Jamalta, placed on record copy of letter dated (nil), No. HRTC/DTRA/ACCTT/COURT/CASE/2023, addressed to Financial Advisor & Chief Accounts Officer, Himachal Road Transport Corporation, Shimla, perusal whereof reveals that petitioner herein has been given/paid entire amount on account of DCRG/leave encashment. Otherwise also, petitioner herein has been seeking benefit in terms of judgment dated 17.7.2024, passed by the Division Bench of this Court in case titled Nek Ram v. State of Himachal Pradesh and Ors., wherein only direction was to grant DCRG and leave encashment. 3. After having perused aforesaid communication, learned counsel for the petitioner fairly admits factum with regard to grant of relief as sought for in the instant proceedings. Needless to say, petitioner shall be entitled to interest upon the delayed payment as admissible and if not, same shall be paid expeditiously, within eight weeks. 4. Consequently, in view of the above, nothing remains to be adjudicated in the instant proceedings and accordingly, present petition is disposed of, reserving liberty to the petitioner to file appropriate proceedings before appropriate court of law, qua surviving grievance, if any.
Pending applications, if any, also stand disposed of. April 25, 2025
(Sandeep Sharma), (manjit)
Judge