Research › Search › Judgment

Himachal Pradesh High Court · body

2020 DIGILAW 132 (HP)

Data Ram v. Himachal Road Transport Corporation

2020-01-23

ANOOP CHITKARA

body2020
JUDGMENT Anoop Chitkara, Vacation J. (oral) - The present execution petition is filed with the prayer that the respondents may kindly be directed to execute/implement the judgment dated 31.12.2018, in O.A. No.7647/2018, passed by the erstwhile State Administrative Tribunal, which has attained finality, in its letter and spirit, within time bound period. 2. According to the petitioner, the issue is covered in his favour by the judgment of this Court rendered in CWP No.3050 of 2014, titled Nek Ram versus State of H.P. & others , decided on 17.7.2014. Mr. Ajay Chauhan, Advocate representing the respondents, concedes that the petitioner is entitled to the reliefs prayed for, in view of the judgment of this Court in Nek Rams case supra. If that be so, similar treatment be extended to the petitioner herein also as to the petitioner in the above referred decision, in case the petitioner is also similarly situated, within a period of three months from the date of production of a copy of this judgment alongwith a copy of the writ petition and copy of judgment referred to above, by the petitioner before the first respondent. 3. Before parting, I cannot refrain from observing that the attitude of the HRTC towards those employees, who retired not from highlevel jobs, is pathetic, deplorable, and insensitive. After working for the corporation throughout their working life, after retirement, they have to approach the Courts for the release of their rightful retiral benefits. Litigation is neither a free lunch for the employee nor for the employer. Strangely the HRTC is willing to spend money on litigation than to express its gratitude to its employees by making timely payment. 4. Given above, henceforth, the HRTC shall clear all the dues within three months of retirement, of those cases, which are covered by CWP No.3050 of 2014, titled Nek Ram versus State of H.P. & others, decided on 17.7.2014. However, it is subject to the clarification that such employee is not facing any disciplinary inquiry or other issue, and her case is fully covered under CWP 3050 of 2014. In case of default, all the officers who shall sit over the file shall have to pay compensation at the rate of Rs.100 per day (One hundred), payable by the official who delayed such a file for the days for which it was delayed on the official sitting over it without any reasonable explanation. In case of default, all the officers who shall sit over the file shall have to pay compensation at the rate of Rs.100 per day (One hundred), payable by the official who delayed such a file for the days for which it was delayed on the official sitting over it without any reasonable explanation. Apart from this compensation, the HRTC shall also have to pay interest at the rate of 6% per annum, compoundable monthly, from the 1st day of the fourth month of retirement until the money is credited in the account of the retired employee. With these observations, the petition stands disposed of, so also, the pending application(s), if any.