2026:HHC:34163 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.5368 of 2024 Decided on: 12thAugust, 2026 Rajinder Singh ...Petitioner versus HRTC and others ...Respondents Coram Hon’ble Mr.Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 ____________________________________________________________ For the petitioner: Mr. Mandeep Chandel, Advocate. For the respondents: Mr. Raman Jamalta, Advocate. Jiya Lal Bhardwaj, Judge(Oral) The petitioner by way of present petition has prayed for the following substantive relief:- “I. That respondents may kindly be directed to release enhanced dearness relief and interim relief with arrears along with interest @9% per annum in favour of the petitioner with in time bound manner and not to stop the Dearness relief in future and be released as per law.” 2. The facts as emerge from the pleadings are that the State Government had issued the office memorandum dated 05.02.2015, whereby the Dearness Allowance was 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 2026:HHC:34163 enhanced from the existing rate of 100% to 107% with effect from 01.07.2014 in respect of the employees of the State Government. Thereafter, vide another office memorandum dated 15.09.2021,the Dearness Allowance was further enhanced from the existing rate of 153% to 159% with effect from 01.07.2021.It has been averred that the respondent- Corporation is also paying the enhanced dearness relief to its employees from time to time, but in case of the petitioner, despite aforesaid memoranda, he has not been granted the said benefit/relief and as such, he has approached this Court by way of present petition seeking direction to the respondents to grant him the dearness relief and interim relief with arrears along with interest at the rate of 9% per annum. 3. The respondent-Corporation filed reply to the petition and averred that the grievance of the petitioner regarding calculation and payment of eligible Dearness Relief has been completely redressed, during the pendency of the petition. It has further been averred that as per the office order dated 19.06.2026, the Branch Manager, H.P. State Co- Operative Bank Limited, Old Bus Stand (ISBT), Shimla, H.P. was directed to disburse an amount of Rs.26,793/- on 3 2026:HHC:34163 account of dearness relief arrears of the petitioner, which was calculated as per decision of the Board of Directors for the relevant periods between 01.04.2017 to 30.09.2018. 4. It has further been averred that the respondent- Corporation has adopted State Government OMs for release of DA/IR without modification upto 31.12.2015. However, for the period after 31.12.2015, the respondent-Corporation adopted subsequent State Government OMs with modification in the effective date of implementation. 5. It has also been averred that the respondent- Corporation, through its Board of Directors and in view of the relevant office memoranda, has appropriately taken decisions regarding the adoption, in accordance with the powers conferred under the Road Transport Corporation Act, after duly considering all relevant factors. It has further been averred that the respondent-Corporation is granting pension and pensionary benefits in accordance with the CCS (Pension) Rules, 1972 and the State Government while allowing Dearness Allowance to its employees from time to time has imposed a condition that such enhancement in respect of Autonomous Bodies/Universities/Boards etc. shall be subject to appropriate decisions by the respective bodies considering 4 2026:HHC:34163 their financial positions. Accordingly, keeping in view the financial condition of the respondent-Corporation, the Board of Directors has released Dearness Allowance, Dearness Relief and Interim Relief to its employees from time to time, from such dates as decided by the Board. 6. I have heard the learned counsel for the parties and also perused the record carefully. 7. It is not in dispute that the respondent- Corporation has adopted office memoranda referred above with certain modifications. It has been pointed out by the learned counsel that the petitioner has not been granted the entire benefits as granted to other employees. If it is so, the respondent-Corporation is under obligation to pay the same and similar benefits to the petitioner as granted to other employees. Therefore, keeping in view the fact that the respondent-Corporation has taken a decision to release the benefits of DA/IR and further it has granted the similar benefits to other employees, who were also serving in the respondent-Corporation, the petitioner is also entitled to the similar relief as per the decision of the respondent- Corporation. 5 2026:HHC:34163 8. Consequently, the present petition is disposed of with a direction to the respondent-Corporation to pay the enhanced Dearness Relief/Interim Relief to the petitioner, in terms of office memoranda dated 05.02.2015 and 15.09.2021, which have been adopted by them with certain modification, within a period of twelve weeks from today. However, in case the due and admissible benefits are not released in favour of the petitioner within the aforesaid period, the same shall be payable along with interest @5% per annum from the due date till its actual realization. 9. The writ petition is disposed of in the aforesaid terms. No order as to costs. Pending applications, if any, also stand disposed of. (Jiya Lal Bhardwaj) 12th August, 2026 Judge (naveen)