Mohinder Kumar & Another vs State Of HP & Another

Tarlok Singh Chauhan, J

Notice. Mr. Ramakant Sharma, learned Additional Advocate General and Mr. Amit Singh Chandel, Advocate, accept notice on behalf of respondents No.1and 2, respectively.

The instant petition has been filed for the grant of following substantive relief :-

“i) That the respondents may kindly be directed to release post-retirement and pensionary benefits including interest @ 9 per cent on the delayed payments, to the legal representatives of Late Sh. Saran Dass in accordance with Sarbdayal judgment.”

According to the petitioners the issue in question is no longer res integra and the same is squarely covered by the judgment rendered by this Court in Execution Petition No. 41 of 2022, titled Mohinder Kumar and another Vs. State of Himachal Pradesh and another, decided on 4.4.2022 (Annexure P-4). This is a matter, which is required to be considered and examined by the respondents.

Accordingly, we deem it appropriate to dispose of the instant petition with a direction to respondent No.1 to consider the case of the petitioners in terms of aforesaid judgment and in case the case of the petitioners is found to be covered by the said judgment, then the same and similar benefits be also extended to the petitioners herein.

The petition stands disposed of in the aforesaid terms, so also the pending applications, if any.

For compliance, to come up on 27.6.2023.