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2025 DAILYLAW 24684 (HP)

NAGESHWAR DUTT v. HRTC AND OTHERS

CWP/14451/2024 · 2025-01-04

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 14451/2024 Decided on: 04.01.2025 Negeshwar Dutt …Petitioner Versus HRTC & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. M.L. Sharma, Advocate. For the respondents: Mr. Raman Jamalta, Advocate. Jyotsna Rewal Dua , J Notice. Mr. Raman Jamalta, learned Standing Counsel, appears and waives service of notice on behalf of the respondents. 2. With the consent of learned counsel for the parties, the matters is heard at this stage. 3. The writ petition has been filed for the grant of following substantive reliefs. “(i). That the respondents may kindly be directed to extend the benefit of Dearness Relief to the petitioner in view of the office memorandum dated 07.02.2015, 31.10.2016, 19.01.2017, 11.09.2017, 18.02.2019, 07.03.2020 & 31.10.2021 (Annexure P-2, P-3, P-4, P-5, P-6, P-7 & P-8 and keeping in view the judgment passed in CWP No.3278/2021 titled as Baldev Chand versus 1 Whether reporters of the local papers may be allowed to see the judgment? 2 HRTC @ 9% per annum to till the date of its realization in the interest of justice and fair play. (ii) That the respondent No.1 may kindly be directed to decide the representation dated 20.09.2024 (Annexure P-11) of the petitioner within a time bound manner.” 4. Learned counsel for the petitioner submits that the case of the petitioner and the reliefs prayed for by him have already been considered & adjudicated upon by this Court in Braham Dass Versus HRTC & Anr2. Learned counsel also submits that the representation dated 20.09.2024 preferred by the petitioner, annexed with the writ petitions as Annexure P-11, for claiming the above reliefs is pending consideration with the respondents. Learned counsel further submits that the petitioner would be content in case the respondents/competent authority is directed to decide the aforesaid representation within a fixed time schedule. Learned counsel appearing for the respondents is not averse to this prayer. 5. Having regard to the afore-submissions, but without examining the merits of the matter, the writ petition is disposed of with a direction to the respondents/competent authority to consider and decide the aforesaid representation of the petitioner in accordance with law as well as taking into consideration the above judgment in the case of Braham Dass2 within a period of six weeks from today. The decision so arrived at shall also be communicated to the 2CWP No. 6013/2023 decided alongwith connected matters on 05.09.2023 3 petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 04th January 2025(rohit)