Lajya Ram v. Himachal Road Transport Corporation (HRTC)
2024-02-27
RANJAN SHARMA
body2024
DigiLaw.ai
JUDGMENT : Ranjan Sharma, J. Notice. Mr. Piyush Agnihotri, Advocate vice Mr. Dheeraj K. Vashisht, learned Standing Counsel, appears and waives service of notice on behalf of the respondents. 2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the order intended to be passed herein. 3. The petitioner has filed the instant writ petition with the following prayers:- “(i) That respondents may kindly be directed to release the payment/dues for 387 days (Compensatory) with up to interest in the light of judgment passed by this Hon’ble High Court of H.P. in CWP/5179/2022 titled as Dhani Ram Vs HRTC & another dated 16.03.2023. (ii) That respondent may kindly be directed to consider the representation of petitioner and to release the arrear of Compensatory Leaves/ weekly rest with up to date interest.” 4. In the background of the prayers, as referred to above, the case as set up by Mr. Ashok Kumar, learned counsel for the petitioner is that the petitioner joined the service in the year 1982 and he retired from the service of Respondent-Corporation as Inspector on 30.10.2014. A perusal the certificate dated 04.02.2014 [Annexure P-1], reveals that the petitioner had 387 days compensatory leave, which had accumulated in his leave account at the time of his retirement on 30.10.2014. In this background, the case of the petitioner is that despite the fact that 387 days compensatory leave was due in the leave account of the petitioner on the date of retirement, but the respondents have not extended admissible benefits of pay, for the aforesaid leaves in accordance with Rules. 5. Learned counsel for the petitioner refers to the judgment passed by the Division Bench in CWP No.5179 of 2022, titled as Dhani Ram Versus HRTC and another alongwith connected matters, decided on 16.03.2023 [Annexure P-2], which reads as under:- “Learned counsel for the respondent-Corporation has placed on record instructions dated 15th March, 2023, the relevant portion whereof reads as under:- “In this context it is submitted that the issue relating to unutilized compensatory/weekly rest of employees of Himachal Road Transport Corporation, has been discussed, Analysed and deliberated thoroughly by the Management. Consequently it has been concluded that Corporation is intended to pay the dues as per the provision mentioned in Motor Transport Workers Act-1961.
Consequently it has been concluded that Corporation is intended to pay the dues as per the provision mentioned in Motor Transport Workers Act-1961. Although, there is no such provision in CCS Leave Rules1972, which provides the accumulation, carry forwarding and encashment of the Compensatory leave of any employee in a calendar year. However, due to acute shortage of crew in the corporation, the Board of Directors in its 145.25th meeting decided to carry forward the unutilized Compensatory leave. It is pertinent to mention here that, in this regard vide earlier instruction issued on 30.11.2012 to the field officers, whereby it has been intimated that the decision taken in the meeting held on 26.11.2012 under the chairmanship of Principal secretary Transport with regard to carry forward of accumulated weekly rest, which could not be liquidated in the current year will be carry forward to the next year as per prevailing practice. And it was further directed that the employees who were on the verge of retirement and having compensatory leave in their credit, such compensatory leave be got exhausted/ liquidated first before retirement of such employees. In the case of transfer of an employee the account of weekly rest of each crew should be checked by the SO (SAS)/Auditor posted in the depot for its correctness and RM himself shall sign the certificate regarding weekly rest in the credit of the employees.” 2. Now that the Corporation itself intended to pay the dues to all the petitioners, we deem it appropriate to dispose of all these writ petitions, by directing the respondent-Corporation to pay the dues to the petitioners, as per provisions of Motor Transport Workers Act, 1961, after re-scrutinizing the records. This entire exercise be completed within six months. Ordered accordingly.” 6. In terms of the judgment in case of Dhani Ram [Annexure P-2] (supra), submits that the Division Bench of this Court has directed the Respondents to release the admissible pay benefits, in lieu of Compensatory Leave in credit of the petitioner. He submits that the claim of the petitioner is akin to that of Dhani Ram (supra). 7. Per contra, Mr. Piyush Agnihotri, Advocate appearing as vice counsel for the respondents, submits that mandate of the judgment in the case of Dhani Ram [Annexure P-2] (supra), is not in dispute.
He submits that the claim of the petitioner is akin to that of Dhani Ram (supra). 7. Per contra, Mr. Piyush Agnihotri, Advocate appearing as vice counsel for the respondents, submits that mandate of the judgment in the case of Dhani Ram [Annexure P-2] (supra), is not in dispute. However, he submits that since the petitioner has already made a representation on 01.06.2023 [Annexure P-3], which is pending, therefore, the respondents consider/examine the representation in the light of the judgment in the case of Dhani Ram (supra), expeditiously. 8. In the entirety of the facts and circumstances, referred to above, this Court disposes of the writ petition, by directing Respondent No.1-Managing Director of Himachal Road Transport Corporation, Shimla, to consider/examine the representation dated 01.06.2023 [Annexure P-3], in the light of the judgment passed by the Division Bench of this Court in case of Dhani Ram, [Annexure P-2], (supra) and then to pass appropriate orders in the matter, within three months from today. 9. 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. 10. In the aforesaid terms, the instant writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of.