BHAGWANT KISHORE vs HRTC AND ANR

High Court of H.P.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.151 of 2023.

Date of decision: 20.03.2023.

Bhagwant Kishore …..Petitioner.

Versus Himachal Road Transport Corporation and another. …..Respondents.

Coram The Hon’ble Mr.

Justice Tarlok Singh Chauhan, Judge.

The Hon’ble Mr.

Justice Virender Singh, Judge.

Whether approved for reporting?1 No.

For the Petitioner : Mr.

Ashok Kumar, Advocate.

For the Respondents : Mr.

Ajay Kumar Chauhan, Advocate.

Tarlok Singh Chauhan, Judge (Oral) The instant petition has been filed for grant of the following substantive reliefs: “i.

That respondent may kindly be directed to consider the case of petitioner for granting the two additional increments on completion of 20 years of service as per notification dated 10.09.2015 (Annexure P-1) as well as orders of this Hon’ble High Court which has been upheld by the Apex Court.

1Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 01/04/2023 19:01:57 :::CIS High Court of H.P.

2 ii) Those respondents may kindly be directed to consider and decide the Representation (Annexure P-4) of the petitioner in accordance with law.” 2.

Learned counsel for the petitioner states that the issue in question is squarely covered by the judgment rendered by this Court in CWP No.

4167 of 2019 in case titled Himachal Road Transport Corporation vs.

Suresh Kumar and others, decided on 29.11.2021 (Annexure P-2) which judgment in turn has been upheld by the Hon’ble Supreme Court vide its judgment dated 16.08.2022 passed in Special Leave Petition (Civil) Diary No(s).21537/2022.

This is a matter which is required to be considered and decided by the respondents.

3.

Accordingly, we deem it appropriate to dispose of this petition with a direction to the respondents to consider and decide the case of the petitioner in light of the judgment passed in Suresh Kumar’s case (supra) and in case the case of the petitioner is found to be covered by the aforesaid judgm said judgment, then same and similar benefits be also extended to the petitioner herein within a period of six months.

Ordered accordingly. ::: Downloaded on - 01/04/2023 19:01:57 :::CIS High Court of H.P.

3 4.

Pending application, if any, also stands disposed of. (Tarlok Singh Chauhan) Judge (Virender Singh) Judge 20th March, 2023. (krt) ::: Downloaded on - 01/04/2023 19:01:57 :::CIS