IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA th ON THE 9 DAY OF DECEMBER, 2021 BEFORE HON’BLE MS. JUSTICE SABINA &

HON’BLE MS. JUSTICE JYOTSNA REWAL DUA CIVIL WRIT PETITION No.7760 of 2021 Between:-

ASHWANI KUMAR, SON OF SH. HARI KRISHAN, AGED 65 YEARS, RESIDENT OF HOUSE NO.131, RAM NAGAR, SHIV VIHAR, DHARAMSHALA, DISTRICT KANGRA, H.P. ….PETITIONER (BY MR. AJAY SHARMA, SR. ADVOCATE WITH MR.

ATHARV SHARMA, ADVOCATE)

AND HIMACHAL ROAD TRANSPORT CORPORATION LTD., OLD BUS STAND, CART ROAD, SHIMLA-171003, THROUGH ITS MANAGING DIRECTOR. ….RESPONDENT (BY MR. SHYAM SINGH CHAUHAN, ADVOCATE)

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This Civil Writ Petition coming on for admission this day, Hon’ble Ms. Justice Sabina, passed the following:

O R D E R

Petitioner has filed this petition under Article 226 of the Constitution of India, seeking the following relief(s):-

“a) That impugned acts of the respondent-

Corporation, above-stated, as contained in Annexure P-3, dated 22.09.1986 and Annexure P-6, seniority list as on 31.12.2010, mray very kindly be quashed and set uaside with directions to the respondent-Corporation to consider and grant date of increment of the petitioner as 01.07.1980 and date of crossing of the efficiency bar as 01.07.1986 and h accordingly only, fix the pay of the petitioner with further directions to calculate and pay arrears as accrued forthwith alongwith interest at the rate of

9% per annum;

b) That directions may kindly be given to the respondent-Corporation to count suspension period of 83 days of the petitioner as per F.R. 54B and Administrative Instructions, clause (iii), be treated to be duty period for all intents and purposes and accordingly only, revise the pay of the petitioner throughout and pay the arrears alongwith interest at the rate of

9% per annum;

c) That after correction of Annexure P-6, P seniority list as on 31.12.2010, thereby bringing the petitioner in the seniority list at Sr. No.122/A, consider and promote the petitioner to the post of I nspector by holding review DPC and further to grant him arrears of fixation in new pay scale of Inspector and further to grant pension accordingly orn the said last pay drawn with furtheur directions to calculate and pay the arrears accordingly alongwith interest at the rate of 9% per annum;

d) That as representation, Annexure P-7, is pending with the respondent-Corporation, h the respondent-Corporation may very kindly be directed to decide the same by a reasoned order and to place on record of this case the decision as taken thereon alongwith the reply.”

2. Learned Senior Counsel for the petitioner has submitted that at this state the petitioner would be satisfied in case the respondent-Corporation is directed to dispose of the representation dated 18.03.2021, Annexure P-7, moved by the petitioner to the respondent, within a time bound manner, as the petitioner was afforded personal hearing in pursuance to the representation filed by him but no final decision has been taken so far.

3. Accordingly, without adverting to the merits of the case, we deem it appropriate to dispose of the petition by directing the respondent, Managing Director, Himachal Road Transport Corporation, Shimla, to dispose of the pending representation of the petitioner (Annexure P-7), dated 18.03.2021, in accordance with law, within a tperiod of four weeks from the date of receipt of the copy of this order.

4. Pending miscellaneous application(s), if any, shall also stand disposed of.

Copy Dasti.

(Sabina)

Judge ( Jyotsna Rewal Dua )

December 09, 2021 Judge (Yashwant)