Allowed

Rajinder Kumar v. the Hrtc and Others

Himachal Pradesh HC11 Sept 2023CWP/4258/2023

Case brief

AI extract

What is this about?

This High Court allowed a writ petition filed by a retired road transport employee seeking arrears of revised pay scale, pension, gratuity, and leave encashment, directing the respondent to pay these amounts with interest based on principles followed in similar cases.

What did the court decide?

Payment of arrears of pay scale, pension, gratuity, and leave encashment with interest at 6% per annum.

Rajinder Kumar Vs the Hrtc and Others — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No.4258 of 2023

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Decided on: 11^th September, 2023

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_________________________________________________________________ Rajinder Kumar ....Petitioner Versus HRTC & Ors . …Respondents ________________________________________________________________ Coram_ Ms. Justice Jyotsna Rewal Dua, 1 Whether approved for reporting? ____________________________________________________________ For the petitioner: Mr. Manohar Lal Sharma, Advocate. For the respondents: Mr. Ajay Kumar Chauhan, Advocate.

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Jyotsna Rewal Dua, Judge

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Notice. Mr. Ajay Kumar Chauhan, learned

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Standing Counsel, appears and waives service of notice on behalf of the respondents.

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2. Heard.

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3. The petitioner has filed the present petition for the

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grant of following reliefs:-

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“(i) That the respondents may kindly be directed to pay the arrears of revision of pay scale w.e.f. 01.01.2016 to 30.09.2021 with interest @ 9% per annum from the due date till the date of its

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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realization.

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(ii) That the directions may kindly be issued to the respondent Corporation to pay the arrears of revised pension w.e.f. 01.10.2021 to 28.02.2023 to the petitioner alongwith interest @ 9% per annum.

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(iii) The respondents may also be directed to pay revised gratuity (DCRG) and leaved encashment to the petitioner alongwith interest @ 9% per annum w.e.f. 01.10.2021 to till the date of its realization.”

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4. In this writ petition, the petitioner, who has retired from the post of Head Mechanic on 30.09.2021, is seeking arrears of revision of pay scale w.e.f. 01.01.2016 to 30.09.2021 with interest @ 9% per annum from the respective date till the date of realization. He is also seeking direction to the respondents to revise the pension, gratuity & leave encashment and to pay it alongwith interest @ 9% per annum w.e.f. 01.01.2016 till the date of its realization in view of the judgment of this Court in CWP No.2108 of 2023,

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Bhagat Ram Vs. Himachal Road Transport Corporation and others.

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5. Both learned counsel have agreed that this Court had granted relief to similarly placed petitioners in CWP No.2108 of 2023 on 31.05.2023 and in CWP No.2421 of 2023 on 15.06.2023.

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6. Therefore, this writ petition is allowed for reasons

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alike and the respondents are directed to pay arrears of pay

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as per the revision of pay scales w.e.f. 01.01.2016 to 30.09.2021 with interest @ 6% per annum from the due date till the date of its realization and they shall also revise the pension, gratuity & leave encashment and pay the same alongwith interest @ 6% per annum to the petitioner w.e.f. 01.01.2016 till the date of its realization.

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Pending miscellaneous application(s), if any, also to stand disposed of.

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Jyotsna Rewal Dua Judge

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September 11, 2023

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R.Atal

Rajinder Kumar v. the Hrtc and Others

Case brief

What is this about?

What did the court decide?

Rajinder Kumar v. the Hrtc and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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