Himachal Pradesh High Court
Dhani Ram S/O Lt. Sh.Sant Ram vs Hrtc And Others." on 11 April, 2022
Bench: Vivek Singh Thakur, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 11th DAY OF APRIL, 2022
.
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No. 2223 OF 2022
Between:-
DHANI RAM S/O LT. SH.SANT RAM,
R/O VILL. CHANDPUR, PO
BAKHALAG, TEH. ARKI, DISTT.
SOLAN, H.P. ....PETITIONER
(BY SH.INDERJIT SINGH NARWAL, ADVOCATE.)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION, THROUGH ITS
MANAGING DIRECTOR, SHIMLA,
H.P.
2. THE FINANCIAL ADVISOR CUM
CAO HRTC, SHIMLA H.P.
3. DIVISIONAL MANAGER, HRTC,
HAMIRPUR, H.P. ....RESPONDENTS
(BY SH.VIR BAHADUR VERMA, ADVOCATE.)
Whether approved for Reporting?
This petition coming on for orders this day, Hon'ble
Mr.Justice Vivek Singh Thakur, passed the following:
ORDER
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-
"i) That the respondents may kindly be directed to release all the retiral benefits of the petitioner alongwith interest @ 9% per annum from due date till its realization keeping in view of the judgment passed by this Hon'ble Court in CWP No. 3050 of 2014 titled as Nek Ram Vs. HRTC and others."::: Downloaded on - 12/04/2022 20:10:40 :::CIS 2 CWP No. 2223 of 2022
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."
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.
(Vivek Singh Thakur), Judge.
(Satyen Vaidya) Judge.
11th April, 2022 (Keshav) ::: Downloaded on - 12/04/2022 20:10:40 :::CIS