SURESH CHAND v. Himachal Road Transport Corporation
CWP/15469/2026 · 2026-09-11
Jyotsna Rewal Dua
body2026
DailyLaw.ai
[ 2026 DAILYLAW 22615 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 22615 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 15469 of 2026. Decided on : 11
th September
, 2026
Suresh Chand ...Petitioner. Versus HRTC & Ors. ....Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Manohar Lal Sharma, Advocate. For the respondents: Mr. Shrutika Chauhan, Advocate. Jyotsna Rewal Dua, Judge. Grievance of the petitioner was noticed as under in the order dated order passed in this writ petition on 9/9/2026:
“Notice. Ms. Shrutika Chauhan, learned counsel, accepts notice on behalf of the respondents. Petitioner’s case is that pursuant to CWP No. 15966/2024, decided on 10.01.2025 (Suresh Chand Vs. HRTC & Ors.), the respondents have issued an office order dated 07.07.2026, holding that, as per the option exercised by the petitioner on 24.04.2026, 3 years, 8 months and 13 days of contractual service rendered by him has been counted for pensionary benefits. Petitioner’s grievance is that the aforesaid office order is not being given effect to. The petitioner has not been released pension, despite the fact that the petitioner has rendered around 7 years of regular service. Learned counsel for the respondents seeks a day’s time to obtain instructions in the matter in relation to the release of pension to the petitioner. List on 11.09.2026.” 1 Whether reporters of the local papers may be allowed to see the judgment? 2
2. Pursuant to above, learned counsel for the respondents has placed on record office instruction dated 08.09.2026 from Financial Advisor and CAO, Himachal Road Transport Corporation, relevant portion of which reads as under:
“Subject: Regarding Pension case of Sh. Suresh Chand, Driver, retired on 29.02.2024, for counting of contractual service for pensionary benefits in terms of Government instruction in OM No.Fin(Pen)E(1)/2020 dated 10.06.2024 in sheela Devi case. Sir. In continuation to this office order No:HO:9E-CWP No. 10508/2025 (Vijay Kumar), dated 16.04.2026, on the above cited subject. In this context, it is advised that while considering the contractual period of an employee, it must be ensured that where the employee was continuously engaged on contract and was subsequently regularized without any break, the contractual period may be counted towards qualifying service for pensionary benefits subject to verification of the appointment, continually of service regularization records.
Further, a copy of order issued by the depot in this regard i.e. adding contractual service to the qualifying service of the retiree and also verified whether the affidavit for opting for the Old Pension Scheme (OPS) has been submitted by the concerned employee/retiree well in time, so that necessary action in the matter could be initialed accordingly,”
3. In view of aforesaid accepted office instructions, this writ petition is disposed of with direction to the respondents to release the benefits flowing to the petitioner in terms of the decision within two weeks. However, liberty reserved to the petitioner to seek appropriate
3 remedy for the redressal of surviving grievances, if any, in accordance with law. Pending applications, if any, also stand disposed of. Jyotsna Rewal Dua Judge 11th September, 2026. (jai)