Yaqub Mohamad Vs the Hrtc and Another — Himachal Pradesh HC (2025) — LawSathi Research

Yaqub Mohamad Vs the Hrtc and Another — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of on the strength of the respondents' recorded position that the arrears due to the petitioner on account of retrospective regularization have been quantified (Rs. 8,28,932/-), partly paid (Rs. 1,00,000/- on 20.09.2024 and Rs. 1,45,787/- on 15.05.2025), and that the remaining Rs. 5,83,145/- shall be paid in three equal monthly installments; pending miscellaneous application(s), if any, also disposed of.

Issue for consideration

Whether the petitioner is entitled to the financial benefits (arrears) due to him on account of retrospective regularization of his services, which the respondents had not released despite regularizing his services vide office order dated 17.07.2021 effective 09.07.2015.

Court's answer

Taking note of the respondents' office communication dated 15.05.2025 (recording total arrears of Rs. 8,28,932/-, part payments of Rs. 1,00,000/- and Rs. 1,45,787/-, and the proposal that the remaining arrears of Rs. 5,83,145/- be paid in three equal monthly installments) and the submissions of learned counsel for the respondents, this Court disposed of the writ petition along with pending miscellaneous application(s), if any.

Detailed headnote1 paragraphs

Himachal Pradesh High Court (Shimla) - CWP No.2248 of 2025, Yaqub Mohamad v. Himachal Road Transport Corporation and another; decided on 16.05.2025 by Justice Jyotsna Rewal Dua. Grievance: the petitioner's services, earlier not regularized owing to pendency of an FIR, were regularized retrospectively vide office order dated 17.07.2021 effective 09.07.2015, but the financial benefits due on account of such retrospective regularization were not released. On an interim order dated 26.03.2025 requiring a reply, the respondents produced an office communication dated 15.05.2025 from the Deputy Divisional Manager, HRTC Chamba, recording total arrears of Rs. 8,28,932/-, of which Rs. 1,00,000/- was paid on 20.09.2024 and Rs. 1,45,787/- on 15.05.2025, the balance of Rs. 5,83,145/- being payable in three equal monthly installments. Taking note of the communication and counsel's submissions, the writ petition stood disposed of with pending miscellaneous application(s), if any. No statutory provisions or precedents were cited; single-judge bench; no separate or dissenting opinion.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.2248 of 2025 Decided on: 16^th May, 2025

------------------------------------------------------------------------------------- Yaqub Mohamad …..Petitioner

Versus

Himachal Road Transport Corporation and another .....Respondents ------------------------------------------------------------------------------------Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?¹

For the Petitioner: Mr. Sat Prakash, Advocate. For the Respondents: Mr. Dheeraj K. Vashisht, Advocate. -----------------------------------------------------------------------------------Jyotsna Rewal Dua, Judge

Following order was passed in this matter on

26.03.2025:-

“Notice. Ms. Shrutika Chauhan, Advocate, appears and waives service of notice on behalf of respondents, and seeks time to file reply.

Petitioner’s grievance is that previously his services were not being regularized merely on account of pendency of an FIR. Subsequently, the respondents though regularized his services vide office order dated 17.07.2021 w.e.f. 09.07.2015, however, the financial benefits due to him on account of retrospective regularization have not been released.

Learned counsel for the respondents seeks time to file reply/place on record instructions. Be filed within two weeks. List thereafter.”

1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

2

2. Pursuant to the above order, learned counsel for

the respondents has placed on record office communication dated 15.05.2025 from the Deputy Divisional Manager, HRTC Chamba, addressed to the Managing Director of the respondent-Corporation. As per the aforesaid office communication, the total arrears due to the petitioner are Rs.8,28,932/-, out of which an amount of Rs.1,00,000/has been paid to him on 20.09.2024 and Rs.1,45,787/were paid to him yesterday (15.05.2025). The remaining arrears in the sum of Rs.5,83,145/- shall be paid to him in three equal monthly installments.

Taking note of the aforesaid office

communication and the submissions made by learned counsel for the respondents, the present writ petition to stand disposed of alongwith pending miscellaneous application(s), if any.

Jyotsna Rewal Dua May 16, 2025 Judge Mukesh