IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T)No. 6996 of 2008 Date of decision: 25.10.2010 Amar Nath …... Petitioner Vs. H.R.T.C. & another …. Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Vikas Rathore, Advocate. For the respondents : Mr. Adarsh Sharma, Advocate Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- (i) That the respondents may kindly be directed to give the increment from due date i.e. 1.1.1995 instead of 28.3.1995 with all consequential benefits. (ii) That the respondents may kindly be directed to pay the Tribal Allowance to the applicant with interest at the rate of 18% per annum 2. In the instructions furnished to the learned Standing counsel dated 18.10.2010, which is taken on record, it is stated as follows:- “ Sh. Amar Nath, Driver is posted in Keylong unit since, 1984. He belongs to District Kullu. The operation of buses of Keylong unit is shifted to Kullu in the 2 middle of November every year due to snow fall and inner valley operation of buses is resumed after middle of June every year. As per policy over stay allowance is not admissible except Chowkidar who remains at Keylong through out the year. As such the transfer of petitioner to the station of his choice is concerned, the first choice is Keylong itself which is evident from the para-6(v) of the petition. Therefore, his claim for over stay allowance is not covered under the instructions issued from time to time. In so far as his increments is concerned, the petitioner’s increment has been deferred due to the fact that he was absconding from duty and period was treated as E.O.L. by the competent authority.” 3. In case the petitioner has any dispute with regard to the position as stated above, he may file an appropriate representation before the 1st respondent in which case the matter will be duly considered by the 1st respondent with notice to the petitioner and appropriate action in the matter will be taken within another three months. 4. With these observations, the petition stands disposed of, so also the pending application (s) if any. Copy dasti. (Justice Kurian Joseph) Chief Justice. October 25, 2010 (Justice Kuldip Singh) (sks/grs) Judge.