Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.15629 of 2026
Decided on: 23rd September, 2026 ------------------------------------------------------------------------------------- Piare Lal
…..Petitioner
Versus
Himachal Road Transport Corporation and another
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Hemant Kumar Thakur, Advocate. For the Respondents: Mr. Deepak Sharma, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Grievance of the petitioner was noticed as under in the order dated 10.09.2026:-
“Notice. Mr. Deepak Sharma, learned counsel, accepts notice on behalf of the respondents. Learned counsel for the petitioner submits that the emoluments in lieu of compensatory leave have wrongly been restricted to 55 days, whereas, in terms of the information supplied to the petitioner under the Right to Information Act, at Annexure P-2, page 20, and Annexure P-6, page 28 of the paper book, the petitioner had to his credit total of 189 days of compensatory leave. Let learned counsel for the respondents to have instructions in the matter. List during the week commencing from 21.09.2026.”
1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2
2. Pursuant to above order, learned counsel for the respondent-Corporation has placed on record office instructions dated 22.09.2026 from its Executive Director. In terms of the office instructions, the petitioner has to his credit only 55 days of compensatory leave and not 189 days, as alleged by him. Office instructions are also to the effect that similarly situated employees had earlier filed CWPOA No.2631 of 2020 seeking payment of extra wages in lieu of unutilized compensatory leave/weekly rest standing to their credit at the time of their retirement. Pursuant to the orders passed in that writ petition, a Committee of officials was constituted at the Regional Office Level for re-scrutiny and verification of the relevant records. In the process, the record of the petitioner was also scrutinized and verified. It was found that only 55 days of unutilized compensatory leave/weekly rest were available to the credit of the petitioner. Figure of 189 days, which was supplied to the petitioner under the Right to Information Act, on the basis of which he has filed the instant petition, was based upon the aforesaid incorrect record. Upon detailed scrutiny by the Committee, the said figure was not found to represent the actual admissible balance of compensatory leave to his credit.
That on the basis of original records and
3
verification/re-conciliation conducted by the duly constituted Committee, actual unutilized compensatory leave standing to the credit of the petitioner was determined as 55 days and accordingly, amount in lieu thereof was paid to him on 15.07.2024. In view of above, the relief of emoluments in lieu of alleged 189 days compensatory leave due to the petitioner cannot be granted to him. Accordingly, the present writ petition is dismissed. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua September 23, 2026
Judge Mukesh