SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(HP) 4685

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua, J
Subhash Chand – Appellant
Versus
HRTC – Respondent
CWP No. 15490/2026



Advocates:
For the Appellants/Petitioners: Manohar Lal Sharma
For the Respondents: Shrutika Chauhan

The court disposed of the writ petition after the respondent corporation issued a fresh consideration order granting the petitioner overstayal allowance based on the retrospective regularization of his services.

Headnote:(A) Service Law - Overstayal Allowance - Grant of allowance following retrospective regularization of services - Where the respondent corporation grants the allowance via a fresh consideration order, the petition is disposed of. (Para 3)

Issues: Whether the petitioner was entitled to overstayal allowance.

Whether approved for reporting?

Jyotsna Rewal Dua, J

This writ petition has been filed for the grant of following substantive reliefs: -

(i) That impugned office order dated 19.05.2026, Annexure P- 9, may kindly be quashed and set aside, being contrary to the settled position of law.

(ii) That the writ in the nature of mandamus may very kindly be issued to the respondent corporation to pay the overstayal allowance to the petitioner w.e.f. 10.01.2009 08.02.2016 with interest @ 12% per annum as per the settled position of law.

2. Following order was passed in this matter on 11.09.2026 noticing the grievance of the petitioner: -

“In view of the facts evident from the impugned office order dated 19.05.2026, and despite the existence of such facts, the rejection of petitioner’s case qua his entitlement to the overstayal1Whether reporters of the local papers may be allowed to see the judgment? yes allowance by respondent No. 1 under the office order dated 19.05.2026, and despite the opportunity granted to. the respondents vide order dated 09.09.2026 passed iPn the present writ petition, having been availed by them for passing fresh consideration order, let respondent No. 1 attend the hearing of the case on the next date. List on 15.09.2026.”

Pursuant to the above, learned counsel for the respondents has placed on record fresh consideration order dated 14.09.2026, whereunder, on account of retrospective regularization of petitioner’s services w.e.f. 10.01.2007, the respondents have granted overstay allowance to the petitioner on completion of three years of service, i.e. w.e.f. 10.01.2010 to 08.02.2016 (when the petitioner was relieved).

Taking note of the above consideration order, the present writ petition stands disposed of. In case the petitioner has any further grievance, it is for him to seek appropriate remedy, in accordance with law. Pending miscellaneous application(s), if any, shall also stand disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top