Extracted from the PDF above. The PDF is authoritative.
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. _______________________________________________________
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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
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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