The court held execution proceedings closed, directing the Respondents to release unreleased consequential benefits, including revised gratuity and pension arrears, within six weeks.
Execution proceedings closed with direction to release unreleased consequential benefits within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Ex. Petition No. 50 of 2022 in CWPOA NO. 2795 of 2019. Decided on: 12th December, 2023 ___________________________________________________________ Suresh Kumar ....Petitioner Versus Himachal Road Transport Corporation and others ….Respondents ___________________________________________________________
Coram
Hon’ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting?
For the petitioner : Mr.Surinder Saklani, Advocate. For the respondent(s) : Mr. Vikas Rajput, Advocate.
Ranjan Sharma, Judge (Oral)
In present Execution Petition No. 50 of 2022, the petitioner seeks execution of the judgement passed by a Coordinate Bench of this Court in CWPOA No. 2795 of 2019, titled as Suresh Kumar vs. Himachal Road Transport Corporation decided on 29.11.2021 (Annexure The operative part of the judgement reads as under:
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
“Accordingly, in view of the observations made hereinabove, this writ petition is allowed. Order, dated 06.10.1997 (Annexure P-4), passed by the Deputy Divisional Manager, HRTC, Hamirpur, H.P., order dated 29.06.2011 (Annexure P-11), passed by the Divisional Manager, Himachal Road Transport Corporation and the order dated 27.12.2011 (Annexure P-13), passed by the Managing Director, Himachal Road Transport Corporation, Shimla are quashed and set aside . The petitioner is ordered to be reinstated from the date of his dismissal from service, but with the direction that as he has not actually worked against the post in question after his dismissal, therefore, till his superannuation, he shall be paid only half of the wages and as a result of his reinstatement, he shall also be entitled to all consequential benefits. Miscellaneous applications, if any, also stand disposed of.”
3rd June, 2022 and the orders passed thereafter, the respondents have filed the Compliance Affidavit, verified by Managing Director, Himachal Road Transport Corporation,
Shimla on 7th October, 2023 and Paras 3, 4, 5 and 6 thereof
read as under:
| Sr. No. |
Detail of payments |
Amount paid in Rs. |
Cheque |
|---|---|---|---|
| 1. | Pay arrears | 3,50,000/- | 35717dtd 25.3.23 |
| 3,50,000/- | 36135 dtd 29.4.23 | ||
| 2,70,000/- | 36407dtd11.5.23 | ||
| 7,38,813 | 36430 dtd17.5.23 | ||
| Total | 17,08,813/- Lakhs eight hundred thirte |
(Rupees Seventeen thousand eight enonly.) |
|
| 2. | DCRG | 4,67,234/- | 37027dtd.26.7.23 |
| 3. | Leave Salary | 9,829/- | 37082 dtd10.8.23 |
| 4. | GPF final payment |
1,53,985/- | 764745 dtd 12.9.23 |
| Tota date |
l amount paid till |
23,39,861.00 lakhs thirty hundred sixty |
(Rs. Twenty three nine thousand eight one only. |
from 01.01.2016, onward, but the actual payments began on 01.08.2022.
to above reveals that consequent upon the setting aside of the impugned termination orders by the Coordinate Bench of this Court in the judgement dated 29th November, 2021 though the respondents have released the Arrears of Pay, DCRG, Leave encashment and Final GPF Payment amounting to Rs.23,39,861.00 (Rs. Twenty-three lakhs thirty nine
thousand eight hundred sixty one only), but Mr. Surinder Saklani, learned counsel for the petitioner submits that the consequential benefits flowing from the judgement i.e. amount of Rs. 80,017/- on account of Revised Gratuity and Arrears of Revised Pension due w.e.f. 01.07.2018 till day (December 2023); and Arrears of New Assured Carrier Progression Scheme on completion of 4, 9 and 14 years of service has also not been given and arrears of admissible Two Increments on completion of 20 years of service has also not been released as yet; and arrears of Revised Leave Encashment has not been released in terms of the mandate of this Court in CWP No.7359 of 2021, titled as Amita Gupta versus State of Himachal Pradesh & ors. decided on 01.12.2022, as yet.
In aforesaid terms, the Execution Petition as well as the pending miscellaneous application(s), if any, also stand disposed of, accordingly.
(Ranjan Sharma)
Judge
December 12, 2023 (tm)
1 issue framed by the court
Whether the respondents are liable to release outstanding admissible consequential benefits following the quashing of termination orders.
Suresh Kumar
Himachal Road Transport Corporation
Ranjan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
