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2025 DAILYLAW 12773 (HP)

VIJAY KUMAR v. THE HRTC AND OTHERS

CWP/7213/2025 · 2025-05-02

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7213 of 2025 Date of Decision: 02.05.2025 _______________________________________________________ Vijay Kumar …….Petitioner Versus Managing Director HRTC others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioners: Mr. Happy Thakur, Advocate. For the Respondents: Mr. Deepak Sharma, Advocate. ____________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, petitioners have prayed for following main relief:- “ i) Issue a writ of mandamus directing the respondent department to pay the retiral benefits i.e. revised pension, gratuity, and commuted value of pension etc. to the petitioners which have accrued in their favour on account of Himachal Pradesh Civil Services(Revised Pay) Rule 2022 as well as Office Memorandum dated 25.02.2022 alongwith all consequential benefits in the interest of justice and fair play; ii) That the writ in the nature of mandamus or any other appropriate writ order or directions may kindly be issued directing the respondents to release the arrears on account of the delayed payment alongwith interest @ 12% per annum.” 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. Before the case at hand could be heard and decided on its own merit, learned counsel representing the petitioner, on instructions, states that his client would be content and satisfied in case directions are issued to the respondents to consider and decide the case of the petitioner in light of judgment rendered by Co-ordinate Bench of this Court in CWP No. 7376 of 2023 titled H.P. Secretariat & other Affiliated Pensioners Welfare Association vs. State of Himachal Pradesh and others, in a time bound manner. 3. Mr. Deepak Sharma, Advocate representing the respondents fairly states that case of the petitioner shall be decided expeditiously in accordance with law. 4. Consequently, in view of the above, this Court without going into the merits of the case deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the case of the petitioner expeditiously, preferably within a period of four weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon taking note of the judgment rendered by Co-ordinate Bench of this Court in H.P. Secretariat case (supra), wherein issue otherwise sought to be decided in the instant proceedings already stands adjudicated. Liberty is reserved to the petitioner to file 3 appropriate proceedings in appropriate court of law, if he still remains aggrieved. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge May 02,2025 (shankar)