Himachal Pradesh High Court
Sh. Krishan Dass vs The Himachal Pradesh Tourism ... on 11 November, 2019
Bench: L. Narayana Swamy, Jyotsna Rewal Dua
1
HON'BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.2128 of 2019.
Decided on: 11.11.2019.
.
Sh. Krishan Dass .............Petitioner
Versus
The Himachal Pradesh Tourism Development
Corporation Ltd. and another ........Respondents
_______________________________________________________________
Coram:
Hon'ble Mr. Justice L. Narayana Swami, Chief Justice.
Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner
r : Mr. Om Parkash Goel, Advocate.
For the respondents :
Mr. Shyam Singh Chauhan, vice Mr.
Naresh Kaul, Advocate.
_______________________________________________________________
Justice Jyotsna Rewal Dua, J. (Oral).
The writ petition is filed with the following prayers:-
"a). That a writ of mandamus may be issued and the respondents may kindly be directed to release the retired benefits to the applicant which are due and payable w.e.f. 01.10.2018 with interest @ 9% per annum. Hence, the respondent may be directed to release Gratuity, as mentioned in the order dated 27.12.2018 vide Annexure P-1; with interest @ 9% per annum on account of gratuity and leave encashment payable to the petitioner on account of delayed period(s), from "due 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 14/11/2019 20:24:37 :::HCHP 2
date" i.e. 01.10.2018 till 09.01.2019 the date of its realization, in terms of the judgment passed by the Hon'ble High Court in CWP No.3050/2014 titled as Nek Ram Vs State of HP & Ors., decided on 17.07.2014 vide Annexure P-3, and even .
otherwise on facts and law forthwith, in the interest of law and justice.
b). That the action of the respondents in withholding or not releasing the retiral benefits of the applicant from due date 01.10.2018 till date, may kindly be held as illegal, arbitrary, discriminatory and violative of Articles 14 & 16 of Constitution of India."
2. According to the petitioner, the issue is covered in his favour by the judgment of this Court rendered in CWP No. 3050 of 2014, titled Nek Ram Versus State of H.P. & others, decided on 17.07.2014. Mr. Shyam Singh Chauhan, learned vice counsel representing the respondents, concedes that the petitioner is entitled to the relief(s) prayed for, in view of the judgment of this Court in Nek Ram's case supra. If that be so, similar treatment be extended to the petitioner herein also as to the petitioner in the above referred decision, in case the petitioner is also similarly situated, within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition and copy ::: Downloaded on - 14/11/2019 20:24:37 :::HCHP 3 of judgment referred to above, by the petitioner before the first respondent.
3. With these observations, the writ petition stands .
disposed of, so also the pending miscellaneous application(s), if any.
(L. Narayana Swami)
Chief Justice
November 11, 2019
(Yashwant)
r to (Jyotsna Rewal Dua)
Judge
::: Downloaded on - 14/11/2019 20:24:37 :::HCHP