The Court disposed of the writ petition based on the ratio of a prior Division Bench judgment in Nek Ram vs. State of Himachal Pradesh, directing the release of pensionary benefits and awarding interest.
Release of pensionary and retiral benefits within three months; 9% per annum interest payable from due date.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.1461 of 2021
Decided on: 9th March, 2021
____________________________________________________________ Rajni Devi
| …..Petitioner Versus |
|---|
| Himachal Road Transport Corporation and others …..Respondents _____________________________________________________________ Coram |
| The Hon’ble Mr. Justice Ravi Malimath, Judge The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge 1 Whether approved for reporting? ______________________________________________________ For the petitioner: Mr. H.R. Bhardwaj, Advocate. |
| For the respondents: Mr. Vir Bahadur Verma, Advocate. |
Himachal Road Transport Corporation and others
____________________________________________________________ Coram_
Jyotsna Rewal Dua, Judge (Oral)
The parties are at ad idem that the issue in question is no longer res integra in view of the judgment rendered by a Division Bench of this Court in CWP No.3050 of 2014, titled Nek Ram vs. State of Himachal Pradesh and others, decided on 17.07.2014 (Annexure P-2).
1 Whether reporters of Local Papers may be allowed to see the judgment?
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the basis of the ratio laid down in the aforesaid judgment.
due date.
( Ravi Malimath ) Judge
March 09, 2021 Mukesh
( Jyotsna Rewal Dua ) Judge
2 issues framed by the court
Whether the petitioner is entitled to the release of pensionary and retiral benefits and interest on delayed payment.
Whether the instant petition requires a fresh hearing given the precedential value of a previous Division Bench judgment.
Colour shows how this judgement treated each authority
Nek Ram vs. State of Himachal Pradesh and othersFollowed¶9
CWP No.3050 of 2014, titled Nek Ram vs. State of Himachal Pradesh and others, decided on 17.07.2014
Rajni Devi
Himachal Road Transport Corporation
Ravi Malimath
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
