Sohan Singh vs Himachal Road Transport Corporation & Another

Vivek Singh Thakur, J

Present petition has been filed seeking direction to the respondents to pay overstayal allowance to the petitioner w.e.f. 5.3.1996 to 31.12.2018 with

interest at the rate of 12% per annum, as per rates fixed in the transfer Policy as well as judgment passed by this High Court in CWP No. 3097 of

2014, in case titled Devender Chauhan Vs. HRTC and another, decided on 1.4.2015. Copy of judgment has been placed on record as Annexure P-1.

Learned counsel for the respondents, under instructions, submits that claim of petitioner that his case for payment of overstayal allowance is

covered by the judgment of this High Court passed in CWP No. 3097 of 2014, is accepted to be correct, however, the period for which the petitioner

is claiming the payment of overstayal allowance is required to be verified from the record.

Learned counsel for the petitioner submits that petitioner would be contended, in case respondent Corporation is directed to consider the case of the

petitioner in terms of judgment passed by this High Court in CWP No. 3097 of 2014 and to pay the overstayal allowance for the period claimed, after

verification of the period for which petitioner is entitled.

In view of above, present petition is disposed of with findings that case of the petitioner for payment of overstayal allowance is covered by the

judgment of this High Court in CWP No. 3097 of 2014, decided on 1.4.2015, titled Devender Chauhan Vs. HRTC and with direction to the

respondents to consider the claim of the petitioner and disburse the amount payable to him after verification of period for which he is entitled for

overstayal allowance, on or before 26.2.2021.

The petition stands disposed of in the aforesaid terms.