Chaman Lal Vs Hrtc and Another — Himachal Pradesh HC (2025) — LawSathi Research

Chaman Lal Vs Hrtc and Another — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No fresh substantive relief adjudicated: the proceedings were closed on recorded compliance. The Court took on record the respondents' decision to pay eligible HRTC pensioners/family pensioners a pension allowance of 5%, 10% and 15% on attaining 65, 70 and 75 years respectively, effective from the monthly pension of December 2024 paid in January 2025, with arrears per Finance Department, Government of Himachal Pradesh, letters dated 07.01.2012 and 31.07.2024. Liberty reserved to the petitioners to pursue appropriate remedies; pending applications disposed of.

Issue for consideration

Whether the mandate of the earlier judgment sought to be complied with stands satisfied, such that nothing remains to be adjudicated in these proceedings.

Court's answer

The Court accepted that the respondents had considered the petitioners' representations in terms of the earlier judgment sought to be complied with, held that nothing remains to be adjudicated, and closed the proceedings.

Ratio / Principle

Liberty was expressly reserved to the petitioners to institute appropriate proceedings in an appropriate Court of law if still aggrieved, and pending applications, if any, stood disposed of.

Detailed headnote1 paragraphs

Compliance order in a batch of 17 Civil Writ Petitions of 2024 (lead case: CWP No. 6654 of 2024, Chaman Lal v. HRTC) concerning implementation of an earlier judgment on pensionary benefits of Himachal Road Transport Corporation personnel. Respondents' counsel placed on record an office order (dated 'Nil') signed by the Managing Director, HRTC, Shimla, recording consideration of the petitioners' representations and, per the recommendation of the Board of Directors of HRTC, a decision to implement the notification under OM No. Fin(Pen)A(3)-1/09 dated 23.04.2014 of the Government of Himachal Pradesh. Considering the Corporation's financial position, it was decided to grant eligible pensioners/family pensioners a pension allowance of 5%, 10% and 15% on attaining 65, 70 and 75 years respectively, effective from the monthly pension of December 2024 paid in January 2025, with arrears governed by Finance Department letters dated 07.01.2012 and 31.07.2024. Holding that nothing remained to be adjudicated, the Court closed the proceedings, reserving liberty to the petitioners to seek appropriate remedies if still aggrieved, and disposed of pending applications. (Sandeep Sharma, Judge)

Chaman Lal vs. HRTC and another alongwith connected matters

CWP No. 6654 of 2024 with

CWP Nos. 6657, 6659, 6661, 6663, 6695, 6697, 6699, 6701,

6703, 6705, 6707, 6709, 6711, 6713, 6715 and 6777 of 2024

02.04.2025 Present Mr. Sanjeev Kumar Suri, Advocate, for the petitioner(s), in all the petition(s).

Mr. Dheeraj K. Vashishat, Advocate, for the respondent(s), in all the petition(s).

While placing on record copy of office order dated

Nil, issued under the signatures of Managing Director, Himachal Road Transport Corporation, Shimla, learned counsel representing the respondents states that mandate contained in the judgment sought to be complied with, representation(s) of the petitioner(s) was considered. He states that as per the recommendation of Board of Directors of HRTC, it has been decided to implement the notification in terms of OM number Fin(Pen)A(3)-1/09, dated 23^rd April, 2014, issued by the State Government of Himachal Pradesh. However, considering the financial position of Corporation as well, it is also decided to grant and allow the pension allowance @ 5%, 10% and 15% on attaining the age of 65, 70 and 75 years respectively to the eligible pensioners/family pensioners of HRTC with immediate effect with the monthly pension of December 2024 paid in January 2025 and the arrear part shall be released as per the instructions issued by the Finance Department Government of Himachal Pradesh vide letter dated 07.01.2012 and 31.07.2024.

Since respondents have already considered the representation(s) of the petitioner(s) in terms of the judgment sought to be complied with, nothing remains to be adjudicated in the instant proceedings and accordingly same are closed. However, liberty is reserved to the petitioners to file appropriate proceedings in appropriate Court of law, if they are still aggrieved. Pending applications, if any, also stands disposed of.

(Sandeep Sharma) Judge

April 02,2025 (shankar)