Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 2940/2025
Decided on: 30.04.2025 Jyoti Prakash
…Petitioner
Versus HRTC & Ors.
.…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. R.K. Dogra, Advocate.
For the respondents: Mr. Raman Jamalta, Advocate.
Jyotsna Rewal Dua , J Even though the reply has not been filed, however, with the consent of learned counsel for the parties, the matter is heard at this stage.
2. This writ petition has been filed for the grant of following substantive reliefs:-
“(i) That a writ in the nature of mandamus may kindly be issued, directing the respondents to release balance amount of arrear to the extent of Rs.8,46,881/- only in favour of the petitioner, as the benefit of the judgment dated 08.02.2019 delivered by the Hon'ble Apex Court in Civil Appeal Nos. 1557-1564 of 2019 (Arising out of SLP (C) Nos. 16158-16165/2016) titled as Himachal Road Transport Corporation Versus Lekh Ram Etc. Etc., has been extended in his favour by the respondents with all consequential/terminal benefits including seniority vide Annexure P-1 dated 02.01.2023 and justice be done. 1 Whether reporters of the local papers may be allowed to see the judgment? yes
2 (ii) To grant to the petitioners such other consequential reliefs, which the Hon'ble Court may deem fit, just and proper in facts and circumstances of the matter.”
3. Following order was passed in the matter on 19.03.2025:-
“Learned proxy counsel for the respondents-HRTC submits that an amount of Rs.2 lacs has been paid to the petitioner. He further submits that remaining arrears due to the petitioner as part of his retiral benefits shall be paid within three weeks. Hence, list this matter after three weeks.” The above order was followed by order dated 23.04.2025:-
“Learned counsel for the respondents has placed on record office
order and on that basis submits that further amount of Rs.2,00,000/- has been paid to the petitioner today. He seeks adjournment by two days to place on record written instructions from the respondents in respect of remaining arrears due to the petitioner. List on 30.04.2025.”
3. During the course of hearing, learned counsel for the respondents has placed on record office instructions. As per these office instructions:- Out of Rs.8,77,020/- due to the petitioner, an amount of Rs.4,50,000/- has already been paid to him and Rs.4,27,020/- are yet to be paid to the petitioner: On account of financial constraint of the respondent-Corporation, the balance amount of Rs.4,27,020/-, will be paid to the petitioner in four equal quarterly installments in one year.
3
4. Considering the fact that the amount is admittedly due to the petitioner with effect from the year 2014, this writ petition is
disposed of by directing the respondent-Corporation to clear its remaining financial liabilities towards the petitioner within six weeks, failing which the balance amount shall carry interest @5% per annum from the date of filing this petition. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 30th April, 2025(rohit)