Himachal Pradesh High Court
Pradesh vs State Of H.P. & Others on 27 June, 2022
Bench: Sabina, Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 27th DAY OF JUNE, 2022
BEFORE
.
HON'BLE MRS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.4038 of 2022
Between:-
KRISHAN CHAND, SON OF SHRI
SADHU RAM, RESIDENT OF
VILLAGE AND POST OFFICE
ROHROO, TEHSIL ROHROO,
DISTRICT SHIMLA, HIMACHAL
PRADESH. ....PETITIONER
(BY MR. SHIVENDRA SINGH,
ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION, THROUGH ITS
MANAGING DIRECTOR,
SHIMLA-171003.
2. REGIONAL MANAGER, HRTC,
ROHROO, DISTRICT SHIMLA, H.P. ....RESPONDENTS
(BY MR. SHYAM SINGH,
ADVOCATE)
______________________________________________________
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2
This Civil Writ Petition coming on for admission this
day, Hon'ble Mrs. Justice Sabina, passed the following:
ORDER
.
Petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking the following relief(s):-
"(i) That the respondents may kindly be directed to pay the full amount of Gratuity i.e. Rs.6,21,712/- and commute pension, alongwith interest @ 9% per annum on the pending dues under law.
(ii) That the respondents may very kindly be directed to extend the benefit of the judgment passed by this Hon'ble Court in Nek Ram versus State of H.P. & others, C.W.P. No.3050 of 2014, decided on 17.07.2014, Annexure P-4 to the petitioner forthwith with all consequential benefits."
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:-
::: Downloaded on - 27/06/2022 20:03:32 :::CIS 3"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."
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.
4. Pending miscellaneous application(s), if any, shall also stand disposed of.
( Sabina )
Judge
( Satyen Vaidya )
June 27, 2022 Judge
(Yashwant)
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