Extracted from the PDF above. The PDF is authoritative.
2025:HHC:7140 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1959 of 2025 Date of Decision: 21.03.2025 _____________________________________________________________________ Prakash Babu
……...Petitioner Versus HRTC & Ors.
…....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Manohar Lal Sharma, Advocate. For the respondents: Mr. Deepak Sharma, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for following main relief:
“(i) That the directions may kindly be issued to the respondent Corporation to pay the amount of Pension, Pension Commutation, Gratuity (DCRG) and Leave Encashment alongwith interest @ 9% per annum to the petitioner w.e.f. due date i.e. 01.05.2024 till the date of its realization, keeping in view the judgment passed by the Hon'ble High Court in C.W.P. 3050/2014 titled as Nek Ram Versus State of H.P. and other, Annexure P-2. (ii) That the respondents may kindly be directed to pay the interest on the amount of GPF from the date of retirement till the date of its realization @ 9% per annum. (iii) That the respondent No.1 may kindly be directed to decide the representation dated 11.12.2024, Annexure P-3, within time bound manner.”
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 eight 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 2
opportunity of hearing to the petitioner and pass speaking order thereupon. All pending applications stand disposed of. March 21, 2025 (Sandeep Sharma), (sunil)
Judge 3