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2025 DAILYLAW 17187 (HP)

HRTC AND OTHERS v. AMAR CHAND

RP/137/2024 · 2025-05-30

Ajay Mohan Goel, Gurmeet Singh Sandhawalia

Review Petitionbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RP No.137 of 2024 Date of Decision:- 30.05.2025 HRTC and Others ....Petitioners Versus Amar Chand ....Respondent Coram The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the Petitioners : Mr. Vinod Kumar Gupta, Advocate. For the Respondent : Mr. Manohar Lal Sharma, Advocate. G.S. Sandhawalia, Chief Justice ( O ral). The present Review petition has been filed by the petitioners-Corporation, who is aggrieved against the order dated 15.06.2023 passed in CWP No.2421 of 2023 titled as Amar Chand Vs. Himachal Road Transport Corporation & Others. 2. It is not disputed that pleadings were never completed and the matter was disposed of. 3. Reliance was placed upon the judgment passed in CWP No.2108 of 2023 titled as Bhagat Ram Vs. Himachal 1 Whether reporters of Local Papers may be allowed to see the judgment? Road Transport Corporation and Others, keeping in view the fact that similar relief has been granted on 31.05.2023. 4. It is a matter of record that Bhagat Ram’s case (supra) itself had also been decided without the reply being filed and the said order had been recalled by the Coordinate Bench on 30.08.2024. 5. In LPA No.109 of 2024 titled as State of H.P. and another Vs. Roshan Lal Khajuria and another decided on 22.05.2025, we have dealt in detail regarding the controversy in issue which had never been decided on merits, regarding the benefit of the revised pay-scales and the arrears which were to be given in the staggered manner on account of the fact that there was a Rule and Clause in place in the relevant notification. 6. The matter is to be decided afresh, keeping in view the fact that the amendment application has also now been filed challenging the Rules and Clauses etc. 7. In such circumstances, we are of the considered opinion that the present matter is also similarly situated, the orders are liable to be reviewed. Accordingly, the Review petition is allowed and the order dated 15.06.2023 is re-called and the writ petition is restored to its original position. 8. The writ petition be also listed along with CWP No.2108 of 2023 titled as Bhagat Ram’s case (supra). 9. All pending application(s), if any, shall stands disposed of. (G.S. Sandhawalia) Chief Justice (Ajay Mohan Goel) Judge 30th May, 2025 (munish thakur)