Himachal Pradesh High Court
Reena Sharma vs Himachal Road Transport Corporation ... on 7 December, 2021
Bench: Sabina, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 7th DAY OF DECEMBER 2021
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 6854 of 2021
Between:-
REENA SHARMA
WIFE OF LATE SH. VINOD KUMAR SHARMA,
(RETD. SUB INSPECTOR) R/O WARD No.6
SHIV MANDIR, TEHSIL DEHRA GOPIPUR,
DISTRICT KANGRA, H.P.
.....PETITIONER
(BY SH. H.R. BHARDWAJ, ADVOCATE)
AND
1. HRTC THROUGH ITS MANAGING DIRECTOR,
SHIMLA-3.
2. THE REGIONAL MANAGER,
HIMACHAL ROAD TRANSPORT CORPORATION,
DEHRA UNIT, DISTRICT KANGRA, H.P.
3. THE FINANCIAL ADVISOR & CAO,
HIMACHAL ROAD TRANSPORT CORPORATION,
HEAD OFFICE, SHIMLA-3.
.....RESPONDENTS
(BY SH. V.B. VERMA, ADVOCATE)
____________________________________________________
This petition coming on for admission this day,
Hon'ble Ms. Justice Sabina, passed the following:
::: Downloaded on - 31/01/2022 23:24:01 :::CIS
2
ORDER
Petitioner has filed this writ petition mainly with the .
following relief(s):
"(i) That the directors may kindly be issued to the respondent Corporation to pay the amount of gratuity (DCRG), Pension, Pension Commutation and Leave Encashment along with interest @ 18% per annum to the applicant with effect from due date 31.03.2018 till the ate of its realization.
(ii) That the directors may kindly be issued to the respondent Corporation to pay the interest @ 18% per annum on the amount of GPF with effect from 31.03.2018 till the date of its realization"
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 ::: Downloaded on - 31/01/2022 23:24:01 :::CIS 3 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 ( Jyotsna Rewal Dua ) Judge 7th December, 2021(Rohit) ::: Downloaded on - 31/01/2022 23:24:01 :::CIS