Extracted from the PDF above. The PDF is authoritative.
2025:HHC:9407 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8787 of 2024 Date of Decision: 07.04.2025 _____________________________________________________________________ Gian Chand ……...Petitioner Versus HRTC & Anr.
…....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Hemant Kumar Thakur, Advocate. For the respondents: Mr. Raman Jamalta, Advocate. ___________________________________________________________________________ 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 full amount of Gratuity and Leave Encashment, alongwith interest @ 9% per annum on the pending dues under law from the date of retirement alongwith all consequential benefits in the interest of justice and fair play. (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 Versus State of H.P. & others, C.W.P. 3050 of 2014, decided on 17.07.2014, Annexure P-2 to the petitioner forthwith with all consequential benefits.”
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 speaking order thereupon. All pending applications stand disposed of. April 07, 2025 (Sandeep Sharma), (sunil)
Judge 2