IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 27TH DAY OF OCTOBER, 2021

BEFORE

HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

&

HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

CIVIL WRIT PETITION NO. 6683/2021

BETWEEN:

SHRI SUNEEL KUMAR, S/O LATE SHRI PURAN CHAND, RESIDENT OF VPO MARANDA, TEHSIL PALAMPUR & DISTRICT KANGRA, H.P., PRESENTLY RETIRED AS DRIVER FROM HRTC PALAMPUR, H.P. DOR 31.10.2019.

…. PETITIONER

(BY SH. SANJAY SINGH CHAUHAN, ADVOCATE.)

AND

• 1. THE HIMACHAL PRADESH TRANSPORT, CORPORATION, SHIMLA, THROUGH ITS MANAGING DIRECTOR, HP-171003.
• 2. THE REGIONAL MANAGER, HIMACHAL ROAD TRANSPORT CORPORATION, PALAMPUR, KANGRA, H.P.

…. RESPONDENTS

(BY SH. VIR BAHADUR VERMA, ADVOCATE)

This petition coming on for admission after notice this

day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the

following:

O R D E R

Notice. Mr. Vir Bahadur Verma, Advocate, appears

and waives service of notice on behalf of the respondents.

2. The parties are at ad idem that the issue in question is no longer res integra in view of the judgment rendered by this Court in CWP No. 3050/2014, titled as Nek Ram vs. State of Himachal Pradesh and ors., decided on 17.7.2014.

3 Accordingly, the instant petition is disposed of on the basis of the ratio laid down in the aforesaid judgment. Consequently, the respondents are directed to release all the pensionery/retiral benefits to the petitioner along with interest @ 9% per annum from due date within a period of five months from today and thereafter pension shall be released to the petitioner regularly on first day of each month. Pending application(s), if any, also stands disposed of.

4 For Compliance, list on 1.4.2022.

(Tarlok Singh Chauhan) Judge

(Jyotsna Rewal Dua) 27.10.2021 Judge

(pankaj)