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2023 Supreme(HP) 517

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RANJAN SHARMA, J.
Manohar Lal – Appellant
Versus
Himachal Road Transport Corporation (HRTC) & ors. - Respondents
CWP Nos.8846 to 8860, 8862 to 8865 and 9030 of 2023
Decided on : 20-11-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashok Kumar, Advocate
For the respondents:Mr. Dheeraj Kumar Vaishisht, Advocate

The importance of providing material details in petitions and the authority's obligation to decide representations in accordance with existing norms, rules, and law, including relevant judgments.

Headnote:

Retiral Benefits - Pension - Himachal Pradesh Civil Services (Revised Pay Rules) - Office Memorandum - Leave Encashment - Commuted Pension - CWP No. 8846 of 2023, Manohar Lal vs. State of Himachal Road Transport Corporation and others - CWP No. 2108 of 2023, Bhagat Ram Versus Himachal Road Transport Corporation & others - CWP No.7359 of 2021, Amita Gupta versus State of Himachal Pradesh and others

Fact of the Case:

The petitioners sought direction for granting arrears of revised pension, family pension, and gratuity, revising leave encashment, and deciding their representation in accordance with law.

Finding of the Court:

The court permitted the petitioners to make a fresh representation to the authorities, providing all material details, and directed the respondent-authority to decide the same in the light of existing norms, rules, and law, including relevant judgments.

Issues: Vagueness of the instant petition and non-disclosure of material particulars regarding retiral benefits due and released.

Ratio Decidendi: The court allowed the petitioners to make a fresh representation with all material details and directed the respondent-authority to decide the same in the light of existing norms, rules, and law, including relevant judgments.

Final Decision: The writ petitions and pending miscellaneous application(s) were disposed of accordingly, without the court delving into the merits of the matter.

JUDGMENT :

Ranjan Sharma, J.

Notice. Mr. Dheeraj K. Vashisht, Advocate appears and waives service of notice on behalf of the respondents, in all the petitions.

2. Learned counsel for the petitioner(s) submits that since the facts and relief(s), claimed for, by all the petitioner(s), in the present petitions, listed today, are same/similar, therefore, all the writ petitions may be taken up together for disposal, at this stage. The prayer being innocuous, is not opposed by Mr. Dheeraj K. Vashisht, learned counsel, and is accordingly granted, in the interests of justice.

3. With the consent of parties, all the connected cases are taken up for disposal, at this stage.

4. In order to facilitate the adjudication of the matters, learned counsel for the petitioners has placed on record the following Chart, indicating the incumbency of the petitioner(s) i.e. date of appointment, date of retirement and the post, so as to claim the retiral benefits which are still unpaid to them:-

Sr. No.

Writ No.

Name

Date of Joining

Date of Retirement

Designation

1.

8846 of 2023

Manohar Lal

1990

31.10.2018

Inspector

2.

8847 of 2023

Pawan Kumar

1989

30.06.2019

Inspector

3.

8848 of 2023

Dev Raj

1979

31.05.2018

Chief Inspector

4.

8849 of 2023

Ramesh Chand

1.10.1974

31.1.2013

Inspector

5.

8850 of 2023

Bachitar Singh

1982

31.1.2019

Inspector

6.

8851 of 2023

Gorakh Ram

1982

30.6.2019

Inspector

7.

8852 of 2023

Tarsem Lal

1983

31.5.2019

Inspector

8.

8854 of 2023

Bhupinder

1984

31.3.2016

Conductor

9.

8853 of 2023

Ravinder

1998

31.3.2020

Conductor

10.

8855 of 2023

Karnail Singh

1995

30.11.2019

Drive

11.

8857 of 2023

Kamlesh Chan

1998

29.2.2022

Conductor

12.

8858 of 2023

Hukam Chand

1983

31.1.2019

Inspector

13.

8859 of 2023

Jagdish Chand

1982

31.5.2017

Sub-Inspector

14.

8860 of 2023

Dhain Singh

1983

31.7.2020

Inspector

15.

8862 of 2023

Karpal Singh

1989

31.2.2019

Conductor

16.

8863 of 2023

Harnam Singh

1989

28.2.2019

Conductor

17.

8864 of 2023

Naresh

1994

30.4.2020

Driver

18.

8865 of 2023

Vijay

1985

31.5.2016

Inspector

19.

9030 of 2023

Santosh Kumar

1998

31.5.2022

Driver

20.

8856 of 2023

Subhash Chand

1994

31.8.2019

Sub- Inspector

5. As prayed for, by Shri Ashok Kumar, Learned Counsel for the petitioner(s), that facts and relief(s) prayed for in all cases being similar, the facts from lead case i.e. CWP No. 8846 of 2023 titled as Manohar Lal vs. State of Himachal Road Transport Corporation and others, may be taken for adjudication. Accordingly, the facts-reliefs from above lead case are discussed hereafter.

6. The petitioners have filed the instant petition seeking the following relief(s):-

    “i. That respondents may kindly be directed to consider the case of Petitioner for granting the arrear of revised pension/family pension/gratuity as per their own office order within a time bound manner with up to date Interest.

ii That respondent may kindly be directed to Revise the Leave Encashment to the petitioner on the basis of last pay drawn as now been re-fixed and to make the payment with interest within a time bond manner.

iii The respondents may kindly be directed to consider and decide the Representation (Annexure P-4) of the Petitioner accordance with law with in time manner.”

7. The learned counsel for the petitioner(s) submits that the representation dated 01.06.2023 (Annexure P-4) is pending, whereby, in terms of Himachal Pradesh Civil Services (Revised Pay Rules) dated 25.02.2022, giving the Revised Pay Scales w.e.f. 01.01.2016 and the Office Memorandum dated 25.02.2022 issued by the State Government giving Revised Pension/Gratuity/Commuted pension w.e.f. 01.0

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