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Judgment
Tarlok Singh Chauhan, J
Notice. Mr. Ajay Kumar Chauhan, Advocate, appears and waives service of notice on behalf of the respondents.
The instant petition has been filed for grant of the following substantive relief:-
“i) That a writ in the nature of certiorari may kindly be issued for quashing the Memo. dated 30.11.2004 issued by the respondent- Corporation.
ii) That a writ in the nature of mandamus may kindly be issued directing the respondent- Corporation to count the benefit of addition of 5 years qualifying service as contained in Rule 29 and 48-B of Central Civil Services (Pension) Rules, 1972 in the actual services rendered by the petitioner i.e. 23 years, and release the arrears along with revision of pension and other ancillary benefits along-with interest @ 12% per annum w.e.f. 01.08.2005 till actual realization of the entire amount in view of the judgment passed by this Hon'ble Court on 02.07.2015 in CWP No.1459 of 2015, titled, Brij Lal Thakur versus Himachal Road Transport Corporation and another and upheld by the Hon'ble Supreme Court of India in Civil Appeal No. 3670-3671 of 2017, titled Himachal Road Transport Corporation another versus Brij Lal Thakur 11.11.2021.”
Learned counsel for the petitioner states that the issue in question is squarely covered by the judgment rendered by this Court in CWP No. 1459 of 2015 titled as Brij Lal Thakur vs. Himachal Road Transport Corporation and another, decided on 02.07.2015 which judgment, in turn, has been affirmed by the Hon’ble Supreme Court with the dismissal of the Civil Appeal No. 3670-3671 of 2017, vide order dated 11.11.2021. This is a matter which is required to be considered by the employer/respondents.
Accordingly, without going into the merits of the case, we deem it appropriate to dispose of the instant petition by directing the respondents to consider and decide the case of the petitioner in light of the judgment in Brij Lal Thakur’s case (supra) and in case the claim of the petitioner is found to be covered by the said judgment, then same and similar benefits, as granted in Brij Lal Thakur’s case (supra) be also granted in favour of the petitioner within a period of six months from today. Ordered accordingly. Pending application(s), if any also stands disposed of.
For compliance, to come up on 27.07.2023.