Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7345 of 2025 Date of Decision: 05.05.2025 _____________________________________________________________________ Satish Kumar ……...Petitioner Versus HRTC & Anr.
…....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Nitish Kaith, Advocate. For the respondents: Mr. Rahul Gathania, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for following main relief:
“(i) That the Respondents may kindly be directed to release the Monthly pension on regular basis, admissible amount of Gratuity, commuted value of pension from the date of entitlement till realization with 9% interest and as per the decision of the Division Bench of Hon'ble High Court of Himachal Pradesh in case titled as Nek Ram Vs. State of H.P. & Others (C.W.P NO. 3050 of 2014) at Annexure P-1.”
2.
Learned counsel for the petitioner states that his client would be content and satisfied in case prayer made in the instant petition is considered and decided by the respondents/competent authority in terms of judgment dated 17.7.2014, passed in CWP No. 3050 of 2014, case titled as Nek Ram v. State of Himachal Pradesh
and Ors. Learned counsel for the respondents is not averse to the aforesaid innocuous prayer made by the petitioner.
3. Having perused aforesaid judgment sought to be relied upon vis-à-vis issue raised in the petition at hand, this Court finds that issue raised in the instant petition already stands adjudicated in the aforesaid judgment rendered by the Division Bench of this Court and as such, no prejudice would be caused to either of the parties in case, respondents are directed to consider and decide case of the petitioner in light of the aforesaid judgment.
4. Consequently, in view of the above, present petition is
disposed of with direction to the respondents to consider and decide case of the petitioner in light of Nek Ram (supra), expeditiously, preferably, within four weeks. In case, petitioner is found to be similarly situate to the petitioner in the aforesaid judgment, he would be extended similar benefits. Needless to say, authority concerned, while doing the needful in terms of the instant order, shall afford an opportunity of hearing to the petitioner and pass appropriate orders thereupon. All pending applications stand disposed of. May 05, 2025 (Sandeep Sharma), (sunil)
Judge 2