Tej Ram vs Unknown
2021 Latest Caselaw 5629 HP

                                        1




    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA


                     ON THE 8th DAY OF DECEMBER, 2021




                                                                .
                                    BEFORE





                        HON'BLE MS. JUSTICE SABINA
                                        &





                  HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

                     CIVIL WRIT PETITION No.7697 of 2021





           Between:-

           TEJ RAM, SON OF LATE SHRI MADHU
           RAM, VPO CHURAG, TEHSIL KARSOG,
           DISTRICT MANDI, H.P.                              ......PETITIONER


           (BY MR. VINOD GUPTA, ADVOCATE)
           AND

    1.     HIMACHAL ROAD TRANSPORT CORPORATION


           THROUGH ITS MANAGING DIRECTOR,
           SHIMLA-171003.
    2.     REGIONAL MANAGER, HRTC SHIMLA
           REG.III, H.P.                  ......RESPONDENTS






         (MR. VIKAS RAJPUT, ADVOCATE)
    ________________________________________________________

           This Civil Writ Petition coming on for admission this day, Hon'ble





    Ms. Justice Sabina, passed the following:

                              ORDER

Petitioner has filed this writ petition mainly with the following

reliefs:-

"(i) That the respondents may kindly be directed to pay the interest amount of Gratuity, Leave

Encashment, GPF @ 9% per annum on the pending dues under law in the interest of justice.

(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. 3050 of 2014,

decided on 17.07.2014, Annexure P-2 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:-

"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.

                      r            to                        ( Sabina )
                                                               Judge


                                                      ( Jyotsna Rewal Dua)


                                                             Judge
    December 8, 2021 (ks)