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2023 DIGILAW 454 (HP)

Manohar Lal v. Himachal Road Transport Corporation (HRTC)

2023-11-20

RANJAN SHARMA

body2023
JUDGMENT : Ranjan Sharma, J. Notice. Mr. Dheeraj K. Vashisht, Advocate appears and waives service of notice on behalf of the respondents, in all the petitions. 2. Learned counsel for the petitioner(s) submits that since the facts and relief(s), claimed for, by all the petitioner(s), in the present petitions, listed today, are same/similar, therefore, all the writ petitions may be taken up together for disposal, at this stage. The prayer being innocuous, is not opposed by Mr. Dheeraj K. Vashisht, learned counsel, and is accordingly granted, in the interests of justice. 3. With the consent of parties, all the connected cases are taken up for disposal, at this stage. 4. In order to facilitate the adjudication of the matters, learned counsel for the petitioners has placed on record the following Chart, indicating the incumbency of the petitioner(s) i.e. date of appointment, date of retirement and the post, so as to claim the retiral benefits which are still unpaid to them:- Sr. No. Writ No. Name Date of Joining Date of Retirement Designation 1. 8846 of 2023 Manohar Lal 1990 31.10.2018 Inspector 2. 8847 of 2023 Pawan Kumar 1989 30.06.2019 Inspector 3. 8848 of 2023 Dev Raj 1979 31.05.2018 Chief Inspector 4. 8849 of 2023 Ramesh Chand 1.10.1974 31.1.2013 Inspector 5. 8850 of 2023 Bachitar Singh 1982 31.1.2019 Inspector 6. 8851 of 2023 Gorakh Ram 1982 30.6.2019 Inspector 7. 8852 of 2023 Tarsem Lal 1983 31.5.2019 Inspector 8. 8854 of 2023 Bhupinder 1984 31.3.2016 Conductor 9. 8853 of 2023 Ravinder 1998 31.3.2020 Conductor 10. 8855 of 2023 Karnail Singh 1995 30.11.2019 Drive 11. 8857 of 2023 Kamlesh Chan 1998 29.2.2022 Conductor 12. 8858 of 2023 Hukam Chand 1983 31.1.2019 Inspector 13. 8859 of 2023 Jagdish Chand 1982 31.5.2017 Sub-Inspector 14. 8860 of 2023 Dhain Singh 1983 31.7.2020 Inspector 15. 8862 of 2023 Karpal Singh 1989 31.2.2019 Conductor 16. 8863 of 2023 Harnam Singh 1989 28.2.2019 Conductor 17. 8864 of 2023 Naresh 1994 30.4.2020 Driver 18. 8865 of 2023 Vijay 1985 31.5.2016 Inspector 19. 9030 of 2023 Santosh Kumar 1998 31.5.2022 Driver 20. 8856 of 2023 Subhash Chand 1994 31.8.2019 Sub- Inspector 5. 8862 of 2023 Karpal Singh 1989 31.2.2019 Conductor 16. 8863 of 2023 Harnam Singh 1989 28.2.2019 Conductor 17. 8864 of 2023 Naresh 1994 30.4.2020 Driver 18. 8865 of 2023 Vijay 1985 31.5.2016 Inspector 19. 9030 of 2023 Santosh Kumar 1998 31.5.2022 Driver 20. 8856 of 2023 Subhash Chand 1994 31.8.2019 Sub- Inspector 5. As prayed for, by Shri Ashok Kumar, Learned Counsel for the petitioner(s), that facts and relief(s) prayed for in all cases being similar, the facts from lead case i.e. CWP No. 8846 of 2023 titled as Manohar Lal vs. State of Himachal Road Transport Corporation and others, may be taken for adjudication. Accordingly, the facts-reliefs from above lead case are discussed hereafter. 6. The petitioners have filed the instant petition seeking the following relief(s):- “i. That respondents may kindly be directed to consider the case of Petitioner for granting the arrear of revised pension/family pension/gratuity as per their own office order within a time bound manner with up to date Interest. ii That respondent may kindly be directed to Revise the Leave Encashment to the petitioner on the basis of last pay drawn as now been re-fixed and to make the payment with interest within a time bond manner. iii The respondents may kindly be directed to consider and decide the Representation (Annexure P-4) of the Petitioner accordance with law with in time manner.” 7. The learned counsel for the petitioner(s) submits that the representation dated 01.06.2023 (Annexure P-4) is pending, whereby, in terms of Himachal Pradesh Civil Services (Revised Pay Rules) dated 25.02.2022, giving the Revised Pay Scales w.e.f. 01.01.2016 and the Office Memorandum dated 25.02.2022 issued by the State Government giving Revised Pension/Gratuity/Commuted pension w.e.f. 01.01.2016; which Notifications were adopted and applied by the Himachal Road Transport Corporation to its employees as per communication giving Revised Retiral Benefits to all employees alike the petitioner(s) and in this background the petitioner(s) is claiming benefits of (i) the arrears of revised pay w.e.f. 01.01.2016 till the date of his superannuation; and (ii) the revised retiral benefits i.e. Revised Pension, Revised Gratuity, Revised Leave Encashment and Revised Commuted Pension along interest thereon. He further submits that he shall be satisfied in case the respondents are directed to decide the representation dated 01.06.2023 (Annexure P-4), after taking into account the judgment passed by the Division Bench of this Court in CWP No. 2108 of 2023, titled as Bhagat Ram Versus Himachal Road Transport Corporation & others, decided on 31.05.2023, and the judgment in the case of CWP No.7359 of 2021, titled as Amita Gupta versus State of Himachal Pradesh and others, decided on 01.12.2022, (Annexure P-3), which deals with the claim for revised Leave Encashment due to fixation of pay on account of revision of pay retrospectively, which as per him has also been implemented within time bound manner. 8. Perusal of the pleadings reveals that the instant petition is vague and does not disclose the material particulars, as to the nature and extent of retiral benefits due and released; and if not, the nomenclature of retiral benefits (including the factum as to whether option required for revised commuted pension survives or not, etc) which are yet to be released; and the extent of interest admissible on non-release and/or belated release of these retiral benefits and extent of interest admissible, on the basis of relevant rules/law. These material aspects are missing in the instant case. 9. Per contra, Dheeraj Kumar Vashisht, learned counsel for the respondents states that the Respondent- Corporation has filed a review petition, seeking review of the judgment passed in case of Bhagat Ram (supra). 10. Faced with this situation, at this stage, Mr. Ashok Kumar, learned counsel prays for permission to make a fresh representation, giving all details-particulars, to the authorities for ventilating his claim(s). The request being innocuous is not opposed by Mr. Dheeraj K. Vaishisht, learned opposing counsel also. 11. Accordingly, in the peculiar facts and circumstances, and as per the request so made, this Court permits the petitioner(s) to make a fresh representation to Respondent No.1-Managing Director, Himachal Road Transport Corporation, giving all details material-particulars, in continuation of representation dated 01.06.2023 (Annexure P-4), within three weeks from today; with further directions to aforesaid respondent-authority to decide the same in the light of existing norms, rules and law, including the judgment passed by this Court in the case of Bhagat Ram and Amita Gupta (supra), within six weeks thereafter. 12. 12. Needless to say that, this Court has not adverted to the merits of the matter and all questions of facts and law are left open. In aforesaid terms, the Writ Petitions as well as the pending miscellaneous application(s), if any, also stand disposed of, accordingly.