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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Fateh Singh – Appellant
Versus
HRTC – Respondent
| Table of Content |
|---|
| 1. petitioner's litigation history on retiral benefits excluding overtime. (Para 1 , 2 , 3) |
| 2. post-superannuation overtime claims barred by delay, laches, acquiescence. (Para 4) |
JUDGMENT :
JYOTSNA REWAL DUA, J.
1. Mr. Raman Jamalta, learned counsel, accepts notice on behalf of the respondents. Petitioner feels aggrieved against the order dated 01.08.2025 passed by the respondents-Corporation rejecting his case for release of overtime claim for 212 days.
2. Heard learned counsel for the petitioner and considered the case file.
3. Background
(i) Petitioner was appointed as Conductor in the year 1986. He superannuated from the service of the respondents-Corporation on 30.09.2017. Fateh Singh Vs. HRTC & Ors. OA No. 1773/2017 decided on 02.05.2019 was instituted by him seeking release of his retiral benefits in terms of decision rendered in Nek Ram Vs. State of H.P. & Ors. CWP No.3050/2014 decided on 17.07.2014 The relief clause of the said petition (extracted from the judgment) reads as under:-
“7(i) Respondent may kindly be directed to release all the retiral dues/pensionary benefits and other dues as mentioned in Para 6(d) (i) to (v) above along-with interest @ 9% per annum
Belated overtime claim by retired conductor, raised eight years post-superannuation, rejected due to unexplained delay, laches, and acquiescence, barring equitable relief in service matters.
Claims for service regularization must be timely; significant delays can render them inadmissible due to laches.
Belated service claims for pay increments rejected due to unexplained delay, laches and acquiescence; prolonged inaction implies consent, barring relief to uphold administrative finality.
A claim for family pension can be denied if the termination of employment was based on false documents and the challenge to that termination is barred by delay and acquiescence.
Belated post-retirement claim to switch from CPF to GPF pension rejected due to unexplained delay, laches, acquiescence by non-response to 2008 opportunity, and factual distinction from precedents on....
Delay in filing a writ petition can bar claims for relief, especially in service matters, as established by the principles of delay and laches.
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