Extracted from the PDF above. The PDF is authoritative.
Giteshwar Dev Sharma & Others versus Himachal Road Transport Corporation a/w connected matter
CWPOA No.5127 of 2020 a/w CWPOA No.6507 of 2020
06.11.2025. Present: Ms. Pooja Thakur, Advocate vice
Mr. Ravinder Singh Chandel, Advocate,
for the petitioners, in both the petitions.
Mr. Amardeep Singh, Advocate vice
Ms. Subh Mahajan, Advocate, for the
respondent, in both the petitions.
CMP(T) No.59 of 2025 in CWPOA No.5127 of 2020
Instant application has been filed under
Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure seeking amendment in prayer clause as in Relief No.1a. The amendment sought to be incorporated, reads as under:-
“1a. That Annexure A-2 may kindly be quashed only to the extent of its date of implementation by extending benefit of two additional increments to petitioners from the date notification dated 07.04.2012 [Annexure A-1], along with consequential benefits.”
CMP(T) No.184 of 2025 in CWPOA No.6507 of 2020
Instant application has been filed under
Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure seeking amendment in prayer clause as in Relief No.aa. The amendment sought to be incorporated, reads as under:-
“aa. That Annexure A-2 may kindly be quashed only to the extent of its date of implementation by extending benefit of two additional increments to petitioners from the date notification dated 07.04.2012 [Annexure A-1], along with consequential benefits.”
2.
The prayers made in both the applications for amendment by seeking insertion of Clause 1a. [in CMP(T) No.59 of 2025 and Clause aa [in CMP(T) No.184 of 2025] have been made on the ground that as per Office Memorandum dated 07.4.2012 [Annexure A-1], the Drivers working in various Government Departments on completion of 20 years on regular service on 01.04.2012 and onwards were allowed to additional increments whereas, in case of Conductors, the Respondent-Corporation has granted two increments on completion of 20 years of continuous service to serving Conductors as on 01.07.2015 [Annexure A-2]. Accordingly, prayer was made seeking amendment, alleging prescription of different yardstick(s) between same set of Class-III employees [Drivers vis-à-vis Conductors] and the resultant discrimination.
3.
Upon issuance of notice on this application on 11.03.2025, the non-applicant- Respondent-Corporation has filed a reply. Perusal of the Reply-Affidavit dated 05.07.2025 filed by Deputy Divisional Manager [Legal] of Corporation reveals that Respondent-Corporation has in fact not objected to the prayer for seeking amendment of the prayer Clause in writ petition but the Respondents have tried to address the issue regarding admissibility/inadmissibility of claim for additional increments.
4.
Taking into account the entirety of the
facts and circumstances and the fact that the insertion of prayer clause 1a, as reproduced above, shall enable this Court to effectively examine the claim therein. Further the amendment sought for relates the claim for additional increments, on the basis of the Notification dated 10.09.2015 [Annexure A-2], which is already on record and its validity and resultant claim is yet to be examined hereinafter. Accordingly, both the above applications praying
for amendment are allowed and Amended Writ Petitions, in both the matters are taken on record.
Both the applications stand disposed of.
CWPOA No.5127 of 2020 a/w CWPOA No.6507 of 2020
As prayed for by Mr. Amardeep Singh, Advocate, appearing as Vice-Counsel for the respondent, replies to the amended petitions, if any, be filed within four weeks.
List thereafter.
(Ranjan Sharma) November 06, 2025
Judge [Shivender]