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2024 DIGILAW 42 (HP)

Mahesh Kumar v. Himachal Road Transport Corporation

2024-01-08

RANJAN SHARMA

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JUDGMENT : Ranjan Sharma, J. Notice. Ms. Shrutika, Advocate, 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(s) intended to be passed hereinafter. 3. The petitioner, having been retired from Respondent-Corporation, has filed the instant writ petition, seeking the following reliefs:- “That respondents may kindly be directed to release enhanced dearness relief and interim relief with arrears alongwith interest @ 9% per annum in favour of the petitioner within time bound manner and not to stop of the Dearness relief in future and be released in view of judgments passed in CWP 3278/2021 titled Baldev Chand versus HRTC (annexure P-2) and CWP 6013 of 2023 titled as Braham Dass versus HRTC (annexure P-3) in the interest of justice and fair play.” 4. The case of the petitioner is that, he joined the services of Respondent-Corporation in the year 1988 and retired from service on 01.04.2007. He further submits that the post retirement though the Dearness Reliefs has been enhanced under Rule 55A of the CCS (Pension) Rules, from 100% to 153% by the State Government, which has been adopted and made applicable to the employees of the Corporation but the same has not been released till day. 5. Learned counsel for the petitioner placed reliance on the judgment passed by this Court in CWP No. 3278 of 2021, titled as Baldev Chand versus Himachal Pradesh Road Transport Corporation and another, decided on 08.07.2021, Annexure P-1, and the orders dated 05.08.2021 passed thereafter. 6. Learned counsel for the petitioner has further placed reliance to the judgment passed by Coordinate Bench of this Court in CWP No.6013 of 2023, titled as Braham Dass versus Himachal Road Transport Corporation & another alongwith connected matters, decided on 05.09.2023, Annexure P-2, whereby, the Coordinate Bench of this Court had directed the respondents to pay the due and admissible dearness relief to the petitioners in terms of the Office Memorandum issued under Rule 55A of the CCS(Pension) Rules. The operative part of the judgment reads as under:- “3. All these petitions have been filed, praying for a direction to the respondents to release enhanced dearness relief and interim relief with arrears alongwith interest in favour for the petitioners. 4. The operative part of the judgment reads as under:- “3. All these petitions have been filed, praying for a direction to the respondents to release enhanced dearness relief and interim relief with arrears alongwith interest in favour for the petitioners. 4. Learned counsel for the petitioners referred to office memorandum dated 07.02.2015 (Annexure P-1), whereunder dearness relief to Himachal Pradesh Government Pensioner/Family Pensioners was revised w.e.f. 01.07.2014. Reliance was also placed upon office memorandum dated 07.03.2020, issued by the Department of Finance Government of Himachal Pradesh, further revising the dearness relief of Himachal Pradesh Government Pensioners/ Family Pensioners w.e.f. 01.07.2019. 5. It is not in dispute that office memorandums dated 07.02.2015 and 07.03.2020 have been adopted by the respondent-Corporation and dearness relief in terms of these office memorandums is admissible to the petitioners, but the same ha snot been released to them. In view of above, all these writ petitions are disposed of by directing the respondents/competent authority to pay due and admissible dearness relief to the petitioners in terms of above office memorandums within a period of six weeks from today. It is, however, made clear that in case due and admissible dearness relief is not paid by the respondents to the petitioners within the aforesaid period, then the same shall be payable with interest @ 5% per annum from the due date till its actual realization.” 7. Per contra, Ms. Shrutika, learned vice counsel for the Respondent-Corporation submits that the benefit of Dearness Relief, in terms of Rule 55A and the mandate of this Court, in case of Baldev Chand and Braham Dass (supra) and the factual aspects need to be looked into/verified. 8. In the above background, the writ petition is disposed of with the direction to the Respondent No.1-Managing Director, Himachal Pradesh Road Transport Corporation, to look into the matter, [claim for Enhanced Dearness Relief] and to pass appropriate orders, in the light of the judgment(s), in case of Baldev Chand and Braham Dass (supra), within six weeks 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. In aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.