LAWS(HPH)-2011-3-230

PRAKASH CHAND KALIA Vs. HRTC

Decided On March 30, 2011
Prakash Chand Kalia Appellant
V/S
HRTC Respondents

JUDGEMENT

(1.) The only grievance of the Petitioner is that he should be paid monetary benefits in consequence to the order dated 21.5.2004/9.7.2005.

(2.) The undisputed facts are that the Petitioner, who was Senior Assistant in the HRTC, was compulsory retired. He filed an appeal against the order of compulsory retirement. His appeal was accepted and the following order was passed:

(3.) A bare perusal of this order clearly shows that the Appellate Authority directed that the Appellant-Petitioner would be re-instated into the service with all consequential benefits. This obviously means that the Petitioner was entitled to all monetary benefits including benefit of payment of increments and re-fixation of his pay by granting him increments, etc. It appears that the HRTC has given him notional benefit and promoted him as Senior Assistant but the monetary benefits have not been given to him. These monetary benefits could not have been denied to the Petitioner. The petition is accordingly allowed and the Respondents are directed to treat the Petitioner in service throughout and grant him all monetary benefits. The needful be done latest by 31st September, 2011 failing which the Respondents shall also be liable to pay interest @ 12% per annum on the amount fell due. The petition is disposed of accordingly. No order as to costs.