Himachal Pradesh High Court
Shri Bihari Lal vs State Of H.P. & Others (Cwp No.305 on 3 December, 2021
Bench: Sabina, Jyotsna Rewal Dua
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 3rd DAY OF DECEMBER, 2021
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.7629 of 2021
Between:-
SHRI BIHARI LAL,
SON OF LATE SHRI KEWAL RAM,
RESIDENT OF VILLAGE NURI,
POST OFFICE, NAGJUBBER,
TEHSIL THEOG, DISTRICT SHIMLA-
H.P. ......PETITIONER
(BY MR. VARUN THAKUR,
ADVOCATE)
AND
1. THE HIMACHAL ROAD TRANSPORT
CORPORATION, SHIMLA-171003
(H.P.) THROUGH ITS MANAGING
DIRECTOR.
2. THE FINANCIAL ADVISER-CUM-CHIEF
ACCOUNTS OFFICER, HIMACHAL
ROAD TRANSPORT CORPORATION,
HEAD OFFICE, SHIMLA-171003 (H.P.)
3. THE DY. DIVISIONAL MANAGER,
HIMACHAL ROAD TRANSPORT
CORPORATION, SHIMLA REG.111,
DISTRICT SHIMLA (H.P.) ......RESPONDENTS
(BY MR. SHYAM SINGH CHAUHAN,
ADVOCATE )
________________________________________________________
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This Civil Writ Petition coming on for admission this day, Hon'ble
Ms. Justice Sabina, passed the following:
ORDER
.
Petitioner has filed this writ petition mainly with the following reliefs:-
"a) That the writ of mandamus may kindly be issued in favour of the petitioner directing the respondents to release the admissible amount of Gratuity, Leave encashment and arrears of pension along with interest @ 9% p.a. from the Due Date (01-07-2016) till the actual date of payment to the petitioner, in a time bound manner and in view of the decision of the Division Bench of the Hon'ble High Court of Himachal Pradesh in a case titled as Sh. Nek Ram Vs. State of H.P. & Others (CWP No.3050 of 2014 decided on 17-7-2014) at Annexure P-2.
b) That the respondents may be directed to release the interest @ 9% p.a. from the due date (01-07- 2016) till realization on the amount of Commuted amount of Pension and GPF.
c) That the respondents may be directed to re-
calculate all the pensionary/retiral benefits of the petitioner on the Dearness Allowance as was admissible at the time of retirement of the petitioner and the amount so calculated may be ordered to be released to him alongwith interest @ 9% p.a. from the Due Date (01-07-2016) till the date of realization of whole amount.
::: Downloaded on - 31/01/2022 23:23:02 :::CIS 33) That the respondents may also be directed to release the amount of monthly pension to the petitioner, in future on 1st day of each month, .
regularly, in the saving account of the petitioner, in his Bank account."
2. After hearing learned counsel for the parties, we are of the opinion that this petition is liable to be disposed of in terms of the decision given in CWP No.4321 of 2021, titled Moti Lal Sharma versus Himachal Road Transport Corporation and another and connected matter, decided on 29.11.2021. The operative part of the said order reads as under:-
"5. We are, therefore, persuaded to dispose of these writ petitions with a direction to the respondents to pay the petitioners the gratuity with actual rate of interest as per applicable rules, till the time of actual payment. Apart from that, the respondents shall also pay to the petitioners the due statutory benefits, other retiral benefits and amount of leave encashment alongwith applicable interest, all of which, shall be paid to them within a period of six months from today. The due amount of payment, if delayed beyond six months, it shall be paid with interest at the rate of 9% per annum till the date of its actual payment."::: Downloaded on - 31/01/2022 23:23:02 :::CIS 4
3. Accordingly, this petition is disposed of with a direction to the respondents to pay the entire due retiral benefits to the petitioner strictly in terms of the directions given in the aforesaid order dated .
29.11.2021, passed in CWP No.4321 of 2021, within a period of six months from today.
Pending miscellaneous application(s), if any, shall also stand disposed of.
r to ( Sabina )
Judge
( Jyotsna Rewal Dua)
Judge
December 3, 2021 (ks)
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