High CourtsDivision Bench(2021) 06 SHI CK 0039

Rattan Lal vs Himachal Road Transport Corporation And Others

High Court Of Himachal Pradesh · Decided on 16 June 2021

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Chander Bhusan Barowalia, J
CASE NUMBER
Civil Writ Petition No. 1910 Of 2021

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

17 paragraphs · 297 words

Tarlok Singh Chauhan, J

1.

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

“That the respondents may kindly be directed to release the payment of 619 days of accumulated compensatory leave along with interest @ 12%

p.a. w.e.f. 2011 in favour of the petitioner.â€​

2.

Record reveals that the entire premises on the basis of which the petition has been founded is the acknowledgments regarding the claim of the

petitioner having been made from time to time, as is evident from Annexure P-2, appended with this petition, collectively.

3.

On the last date of hearing, the learned counsel for the HRTC had informed us that a Committee had been constituted to submit a report upon the

issue regarding “Carry forward of Weekly rests in respect of HRTC employeesâ€​ and the recommendations of the Committee were awaited.

4.

As observed above, the Committee so constituted, could have only gone into the claims of the employees, which have not been acknowledged or

admitted by the HRTC. But, in the instant case, as observed above, the claim of the petitioner has been expressly acknowledged in various

correspondences, more particularly, in Annexure P-2.

5.

Therefore, in such circumstances, we feel that it was not at all either proper or necessary for the respondents to have referred the matter to the

Committee, so constituted by them.

6.

In the given facts and circumstances of the case, we dispose of the petition by directing the respondents to release the payment of 619 days of

accumulated compensatory leave within a period of four weeks from today, failing which, the same shall carry interest at the rate of 12% per annum.

7.

Pending application(s), if any, also stand disposed of.

8.

For compliance, to come up on 14th July, 2021.