Pyara Ram vs Hrtc And Others."
2021 Latest Caselaw 5659 HP

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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
               ON THE 9th DAY OF DECEMBER, 2021
                            BEFORE
                 HON'BLE MS. JUSTICE SABINA




                                                           .
                               &





         HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





               CIVIL WRIT PETITION No.7761 of 2021

         Between:-

         SH. KARAM CHAND, SON OF SH.




         PYARA RAM, RESIDENT OF
         VILLAGE YOL CAMP/BAZAR,
         TEHSIL DHARAMSHALA,
         DISTRICT KANGRA, H.P.                        ....PETITIONER


         (BY SH. INDERJIT SINGH
         NARWAL, ADVOCATE)

         AND


    1.   HIMACHAL PRADESH
         TRANSPORT CORPORATION,
         THROUGH ITS MANAGING




         DIRECTOR, SHIMLA, H.P.
    2.   THE FINANCIAL ADVISOR-CUM-





         CAO, HRTC, SHIMLA, H.P.
    3.   REGIONAL MANAGER, HRTC,
         DHARAMSHALA, UNIT, H.P.                 ....RESPONDENTS





         (MR. VIKAS RAJPUT, ADVOCATE)

    ______________________________________________________




                                          ::: Downloaded on - 31/01/2022 23:24:41 :::CIS
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                 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 relief:

"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 versus HRTC and others."

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.

4. Pending miscellaneous application(s), if any, shall

also stand disposed of.

                         r        to                    (Sabina)
                                                        Judge


                                               ( Jyotsna Rewal Dua )


          December 09, 2021                          Judge
             (Yashwant)