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2025 Supreme(Online)(HP) 7895

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua, J
Hem Chand – Appellant
Versus
Himachal Road Transport Corporation – Respondent
CWP No.6544 of 2024



Important Points

Court directs reconsideration of petitioner's service benefits in line with earlier decisions.

Subject

Writ Jurisdiction - Service Matters

Headnote

This court analyzed the reliefs sought in a writ petition regarding benefits for twenty years of service as Conductor, citing relevant laws. The petitioner sought to quash an office order and demand benefits based on a previous order granted to another employee. The court concluded that the respondents must reconsider the petitioner's case in light of the recent order within three weeks. The court specifically framed the issues around lawful review of the case. The ruling dictates immediate action to rectify administrative oversight in the grievance process.

Advocates:
For the Appellants/Petitioners: Mr. R.K. Dogra
For the Respondents: Mr. Dheeraj K. Vashishat

Table of Content
1. petitioner seeks benefits for completed service. (Para 1 , 2)
2. respondents agree to reconsider claimant's request. (Para 3)

Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?

For the Petitioner: Mr. R.K. Dogra, Advocate.

For the Respondents: Mr. Dheeraj K. Vashishat, Advocate.

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Jyotsna Rewal Dua, Judge hThis writ petition has been filed for grant of following substantive reliefs:-

i) To quash and set- aside Office order dated

21.11.2023 (Annexure P-5).

ii) To direct respondents to implement judgment/order dated 09.04.2019 (Annexure P- 3) of the erstwhile HPAT qua petitioner granting two additional increments, on completion of twenty years service as Conductor w.e.f. 15.07.1997 on notional basis, and on actual basis w.e.f. 01.07.2015 with consequential benefits, including retiral.”

2. Learned counsel for the petitioner submitted that though the respondents had rejected the case of the petitioner for grant of reliefs prayed for by him under Whether reporters of print and electronic media may be allowed to see the order? Yes.

impugned order dated 21.11.2023 but during pendency of this writ petition, the respondents have themselves issued an office order on 13.10.2025 in case of one Sh.Om Parkash who had retired as Adda Conductor from the respondent- corporation; Said Sh. Om Parkash had prayed for similar benefits as prayed by the petitioner in tfhe instant case i.e. benefit of two additional increments on completion of 20 years of service as Conductor/Adda Conductor; The relief was allowed to said Sh. Om Parkash. In view of aforesaid office order dated 13.10.2025, the petitioner prays that a legal notice issued by him to respondent-corporation on 24.05.2024 (Annexure P-8) be directed to be taken to its logical end by the competent authority in accordance with law keeping in view the aforesaid office order. Copy of the aforesaid office order has been placed on record.

3. Learned counsel for the respondents is not averse to deciding the case of the petitioner for the reliefs claimed by him by taking action upon the legal notice issued by the petitioner dated 24.05.2024 (Annexure P-8) in accordance with law.

4. Having regard to the afore-submissions and notwthstanding the impugned order dated 21.11.2023 (Annexure P-5) this writ petition is disposed of with a direction to the respondents/ competent authority to consider and decide case of petitoner afresh for redressal of his grievances raised in this writ petition as also the legal notice dated 24.05.2024 (Annexure P-8) in accordance with law, also keeping in view office order dated 13.10.2025 within three weeks from today. The defcision so arrived at shall also be communicated to the petitioner.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

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