Rajender Kumar Vs Managing Director Hrtc and Others — Himachal Pradesh HC (2024) — LawSathi Research

Rajender Kumar Vs Managing Director Hrtc and Others — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to consider and decide the petitioner's case in light of the judgment in CWPOA No. 195 of 2019 within eight weeks by passing a detailed and reasoned order; if found similarly situated, the petitioner is to be granted the same benefits as granted in that case; pending miscellaneous application(s), if any, stand disposed of.

Issue for consideration

Whether the respondents should be directed to consider and decide the petitioner's case in a time bound manner in light of the Division Bench judgment in CWPOA No. 195 of 2019 (Sheela Devi Vs. State of H.P. & others), and grant the same benefits if the petitioner is found similarly situated.

Court's answer

The petition is disposed of by directing the respondents to consider and decide the case of the petitioner in light of the judgment passed by the Division Bench of this Court in CWPOA No. 195 of 2019, within eight weeks, by passing a detailed and reasoned order.

Ratio / Principle

If the petitioner is found similarly situated as the petitioner in CWPOA No. 195 of 2019, he will also be granted the same benefits as granted to the petitioner in that case.

Key takeaways

Pending miscellaneous application(s), if any, shall also stand disposed of.ratio¶20

Detailed headnote1 paragraphs

High Court of Himachal Pradesh (single Judge, oral) disposed of CWP No. 3604 of 2024 (Rajender Kumar v. Managing Director HRTC and Ors.) at the notice stage, on the submission of learned counsel for the petitioner that his case was squarely covered by the Division Bench judgment of the same Court in CWPOA No. 195 of 2019, Sheela Devi Vs. State of H.P. & others. The respondents were directed to consider and decide the petitioner's case in light of that judgment within eight weeks by passing a detailed and reasoned order; if the petitioner is found similarly situated to the petitioner in CWPOA No. 195 of 2019, he is to be granted the same benefits as granted therein. Pending miscellaneous application(s), if any, stand disposed of. The nature of the benefits was not described in the judgment.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 3604 of 2024

Decided on: 13.05.2024

Rajender Kumar. .…Petitioner. Versus Managing Director HRTC and Ors. …Respondents. Coram

The Hon’ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?¹

For the petitioner For the respondents	: Mr. : Mr.	Sanjay Jaswal, Advocate. Vinod K. Gupta, Advocate.

Satyen Vaidya, Judge (Oral)

Notice. Mr. Vinod K. Gupta, learned

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

Learned counsel for the petitioner submits

that the case of the petitioner is squarely covered by the judgment passed by Division Bench of this Court

1 Whether reporters of the local papers may be allowed to see the judgment?

2

in CWPOA No. 195 of 2019, titled as, Sheela Devi

Vs. State of H.P. & others. . He further submits that petitioner shall be content in case the respondents are directed to consider the case of the petitioner in a time bound manner in light of judgment ibid .

Prayer being innocuous is not opposed.

Accordingly, the petition is disposed of by directing respondents to consider and decide the case of the petitioner in light of the judgment passed by Division Bench of this Court in CWPOA No. 195 of 2019, within eight weeks from today by passing a detailed and reasoned order. In case, the petitioner is found similarly situated as petitioner in CWPOA No. 195 of 2019, he will also be granted the same benefits as granted to petitioner in above referred case.

Pending miscellaneous application(s), if

any, shall also stand disposed of.