Himachal Pradesh High Court
Between vs The Himachal on 15 November, 2021
Author: Sabina
Bench: Sabina
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 15th DAY OF NOVEMBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE SABINA
CIVIL WRIT PETITION No.5813 of 2021
Between:-
SH. JAWAHAR LAL,
S/O SH. BRIKAM,
R/O VILLAGE MAJYAL,
P.O. TOTU, TEHSIL &
DISTRICT SHIMLA, H.P. ......PETITIONER
(BY SHRI O.P. GOEL,
ADVOCATE)
AND
1. THE HIMACHAL PRADESH
TOURISM DEVELOPMENT
CORPORATION LTD.
THROUGH ITS MANAGING
DIRECTOR, RITZ ANNEXE,
SHIMLA-171001.
2. THE SENIOR ACCOUNTS
OFFICER, HPTDC, RITZ
ANNEXE, SHIMLA-171001. .....RESPONDENTS
(BY SHRI NARESH KAUL,
ADVOCATE)
________________________________________________________
This Civil Writ Petition coming on for admission this day, Hon'ble
Mr. Justice Mohammad Rafiq, passed the following:
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2
ORDER
The parties are ad idem that the issue in question is no longer res integra in view of the judgment rendered by a Division Bench of this .
Court in CWP No.5725 of 2021, titled Ram Krishan vs. The Himachal Pradesh Tourism Development Corporation Ltd. and another, which was disposed of in terms of the judgment passed by this Court in CWP No.3050 of 2014, titled Nek Ram vs. State of Himachal Pradesh and others, decided on 17.7.2014.
2. Accordingly, this writ petition is disposed of on the basis of the ratio laid down in the aforesaid judgment.
3. Consequently, the respondents are directed to pay all retiral benefits to the petitioner within a period of six months from today.
However, it is made clear that in case the retiral benefits are not paid to the petitioner within the aforesaid time, then in addition to the due statutory benefits, the petitioner shall also be paid interest at the rate of 9% per annum beyond the period of six months till the date of payment.
( Mohammad Rafiq ) Chief Justice ( Sabina ) Judge November 15, 2021 (ks) ::: Downloaded on - 31/01/2022 23:17:03 :::CIS