Himachal Pradesh High Court
Vinod Kumar vs State Of H.P. & Others And Cwp on 14 July, 2022
Bench: Amjad Ahtesham Sayed, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
ON THE 14th DAY OF JULY, 2022
BEFORE
.
HON'BLE MR. JUSTICE A.A. SAYED,
CHIEF JUSTICE
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.4618 of 2022
Between:-
VINOD KUMAR, to
S/O SH. SARWAN KUMAR,
R/O HOUSE 148, SALOGRA (5),
TEHSIL & DISTRICT SOLAN, H.P.
(RETIRED AS DRIVER FROM HRTC
SOLAN UNIT).
......PETITIONER
(BY MR. ASHOK KUMAR, ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION (HRTC),
THROUGH ITS MANAGING
DIRECTOR, OLD BUS STAND,
SHIMLA-1.
2. THE FINANCIAL ADVISOR-CUM-
CHIEF ACCOUNTANT OFFICER,
HIMACHAL PRADESH ROAD
TRANSPORT CORPORATION,
HEAD OFFICE OLD BUS STAND,
SHIMLA.
......RESPONDENTS
(BY MR. AJAY CHAUHAN,
ADVOCATE)
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-2-
This petition coming on for admission this day,
Hon'ble Mr. Justice A.A. Sayed, passed the following:
ORDER
.
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-
"i) That respondents may kindly be directed to release/make actual payment of all remaining retiral benefits of the applicant along with 9% interest forthwith, for delay on the part of respondent corporation and loss of accretion of capital, from due date till actual payment is made, being a squarely covered matter with CWP No.3050/14, titled as Nek Ram v/s State of H.P. & others and CWP No.605/2019 titled as Hukam Chand v/s HRTC.
Further respondents may also be directed to pay interest on the all delayed payments from the due date. Further the respondents may kindly be directed to calculate the DCRG of the petitioner in consonance with the prevailing Dearness Allowances & Arrears along with interest at all delayed payments from the due date."
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 by this Court in CWP No.4321 of 2021 (Moti Lal Sharma Versus Himachal Road Transport Corporation and another and connected matter), decided on ::: Downloaded on - 14/07/2022 20:03:49 :::CIS -3- 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 to stand disposed of.
(A.A. Sayed)
Chief Justice
(Satyen Vaidya)
July 14, 2022 Judge
(Bhardwaj)
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