Manoj Kumar Vs the Hrtc and Another

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.3701 of 2025

Date of Decision: 18.03.2025

____________ ___________________________________________ Manoj Kumar …….Petitioner Versus Himachal Road Transport Corporation & Anr. … Respondents _______________________________________________________ Coram:

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Hon’ble Mr. Justice Sandeep Sharma, Judge.

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Whether approved for reporting?¹

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For the Petitioner: Mr. Hemant Kumar Thakur, Advocate. For the Respondents : Mr. Rahul Gathania, Advocate. ____________________________________________________ Sandeep Sharma, Judge (oral):

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By way of instant petition, petitioner has prayed for

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following main reliefs:-

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“ (i) That the respondents may kindly be directed to release the monthly pension to the petitioner w.e.f. 01.04.2024 to till date alongwith upto date interest and further directed to pay the monthly pension time to time in the interest of justice;

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(ii) That the respondents may kindly be directed to pay the full amount of Gratuity, Leave Encashment, GPF alongwith interest @ 9% per annum on the pending dues under law from the date of retirement alongwith all consequential benefits in the interest of justice and fair play;

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(iii) That the respondents may very kindly be directed to extend the benefit of the judgment passed by this Hon’ble Court in Nek Ram versus State of Himachal Pradesh and others, CWP No.3050 of 2014 decided on 17.07.2014, Annexure P-2 to the petitioner forthwith with all consequential benefits.”

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

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2

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Before the reply could be received on behalf of the respondents, learned counsel representing the petitioner, on instructions, states that his client would be content and satisfied in case his pending representation dated 22.04.2024 (Annexure P-3) is considered and decided by the competent authority in light of judgment dated 17.07.2014 passed by Division Bench of this Court in CWP No.3050 of 2014, tilted Nek Ram vs. State of Himachal Pradesh and others, in a time bound manner.

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Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Rahul Gathania, Advocate, who while accepting notice on behalf of the respondents, fairly states that pending representation filed by the petitioner shall be decided expeditiously in accordance with law.

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Consequently, in view of the above, this Court without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation dated 22.04.2024 (Annexure P-3) of the petitioner expeditiously, preferably within a period of eight weeks. Ordered accordingly. Needless to say, authority concerned, while

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3

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doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon taking note of the judgment rendered by Division Bench of this Court in Nek Ram’s case (supra), wherein issue otherwise sought to be decided in the instant proceedings already stands adjudicated. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if he still remains aggrieved. Pending applications, if any, also stand disposed of.

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(Sandeep Sharma), Judge

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March 18,2025

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(shankar)

Manoj Kumar v. the Hrtc and Another

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Manoj Kumar v. the Hrtc and Another

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