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2025 DAILYLAW 25012 (HP)

DARSHNA DEVI v. THE HRTC AND ANOTHER

CWP/15692/2024 · 2025-01-03

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP Nos.15688 of 2024 and connected matters Decided on: 3rd January 2025 _________________________________________________________________ 1. CWP No. 15688 of 2024 Mast Ram …..Petitioner Versus HRTC & Anr. …..Respondents. _______________________________________________________ 2. CWP No. 15690 of 2024 Lekh Raj …..Petitioner Versus HRTC & Anr. …..Respondents. _______________________________________________________ 3. CWP No. 15691 of 2024 Shyama Devi …..Petitioner Versus HRTC & Anr. …..Respondents. _______________________________________________________ 4. CWP No. 15692 of 2024 Darshna Devi …..Petitioner Versus HRTC & Anr. …..Respondents. _______________________________________________________ 5. CWP No. 15693 of 2024 Hira Singh …..Petitioner Versus HRTC & Anr. …..Respondents. _______________________________________________________ 6. CWP No. 15694 of 2024 Raksha …..Petitioner Versus HRTC & Anr. …..Respondents. _______________________________________________________ 7. CWP No. 15695 of 2024 Dharam Kaur …..Petitioner Versus HRTC & Anr. …..Respondents. _______________________________________________________ - 2 - 8. CWP No. 15696 of 2024 Paras Ram …..Petitioner Versus HRTC & Anr. …..Respondents. _______________________________________________________ 9. CWP No. 15817 of 2024 Roshan Lal …..Petitioner Versus HRTC & Anr. …..Respondents. _______________________________________________________ 10. CWP No. 16442 of 2024 Kuldeep Kumar & Ors …..Petitioners Versus HRTC & Anr. …..Respondents. ______________________________________ _________________ 11. CWP No. 16443 of 2024 Shakti Devi & Ors …..Petitioners Versus HRTC & Anr. …..Respondents. _______________________________________________________ 12. CWP No. 16460 of 2024 Hem Raj …..Petitioner Versus HRTC & Anr. …..Respondents. _______________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1Whether approved for reporting? _________________________________________________________________ For the petitioner(s): Mr. Ashok Kumar, Advocate in all the matters. For the respondents: Mr. Dheeraj K. Vashisth and Mr. Virender Singh Kanwar, Advocates. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 3 - Jyotsna Rewal Dua, Judge Notice. Mr. Dheeraj K. Vashisth and Mr. Virender Singh Kanwar, learned Standing Counsel, waive service of notice on behalf of the respondents in the respective petitions. 2. With the consent of the learned counsel for the parties, the matters are heard at this stage. 3. The petitioners seek a direction to the respondents for grant of pension allowance at 5%, 10% and 15% of the basic pension/family pension on attaining the age of 65 years, 70 years and 75 years, respectively. 4. Learned counsel for the petitioners submitted that similar issue was decided by the erstwhile Himachal Pradesh Administrative Tribunal in O.A. No. 2929 of 2015 (Sh. Brij Lal and others Vs. State of Himachal Pradesh and another). That O.A. was disposed of with a direction to the respondents (therein) to release arrears of due and admissible dearness relief and pension allowance of 5%, 10% and 15% on attaining the age of 65 years, 70 years and 75 years by the concerned retirees. Reference in this regard was made to - 4 - Annexure P-1. It was further submitted that CWP No.8670 of 2023, preferred by the Himachal Road Transport Corporation (respondent herein) against the aforesaid decision of the tribunal was dismissed by a Division Bench of this Court on 07.11.2023. Special Leave Petition (C) Diary No(s). 50794 of 2023, field by the HRTC against the judgment dated 07.11.2023, passed in CWP No. 8670 of 2023, was dismissed by the Hon’ble Apex Court on 25.01.2024. The submission of the learned counsel for the petitioners is that in view of the aforesaid decision, respondent-Corporation is liable to release the pension allowance at different slabs of 5%, 10% and 15% on petitioners’ attaining the age of 65 years, 70 years and 75 years. It has further been submitted that the petitioners’ representations for redressal of this issue have not been attended by the respondent. Hence, these Writ petitions. 5. Learned counsel for the petitioners states that the petitioners would be content if the cases of the petitioners are considered by the respondents in light of the aforesaid judgments within a time bound schedule. Learned counsel - 5 - for the respondents has no objection for this prayer. Having regard to above submissions all the petitions are disposed of by directing the respondents to consider the respective cases of the petitioners in light of the aforesaid judgments and pass appropriate orders in accordance with law within a period of three weeks from the date of receipt of copy of this order. The decision so arrived at, shall also be communicated to the petitioners. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge January 3, 2025 R.Atal