Himachal Pradesh High Court
Sahali vs Unknown on 23 December, 2021
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 23rd DAY OF DECEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CIVIL WRIT PETITION NO. 1091 OF 2021
Between:-
r to
SHRI DEVI CHAND S/O SHRI
CHHAJU RAM, AGED 64 YEARS,
R/O VILLAGE DHANALA, PO
SAHALI, TEHSIL PANGI,
DISTRICT CHAMBA, H.P.
...PETITIONER
(BY SH. ONKAR JAIRATH, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS ADDITIONAL
CHIEF SECRETARY (PWD) TO
THE GOVT. OF HIMACHAL
PRADESH, SHIMLA 171002.
2. THE SUPERINTENDING
ENGINEER, PWD CIRCLE
CHAMBA, DISTRICT CHAMBA,
H.P.
3. EXECUTIVE ENGINEER, KILLAR
DIVISION HPPWD, KILLAR
PANGI, DISTRICT CHAMBA, H.P.
4. ASSISTANT ENGINEER HPPWD
KILLAR SUB-DIVISION NO.-II,
HPPWD SACH PANGI, DISTRICT
CHAMBA.
5. ACCOUNTANT GENERAL,
GORTON CASTLE, CARD ROAD
TO AG OFFICE, AG CHOWK,
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2
SHIMLA, HIMACHAL PRADESH
171003.
...RESPONDENTS
.
(SH. ASHOK SHARMA, A.G.
WITH SH. RAJINDER DOGRA, SR.
ADDL. A.G., SH. SHIV PAL
MANHANS AND SH. HEMANSHU
MISRA, ADDL. AGS. FOR
RESPNDENTS-STATE.
SH. TARA CHAND CHAUHAN,
ADVOCATE, FOR RESPONDENT
NO. 5.
This Petition coming on for orders this day, the Hon'ble Mr.
Justice Tarlok Singh Chauhan, passed the following:-
ORDER
The instant petition has been filed for the grant of
following reliefs:-
A. That a writ in the nature of Mandamus or any other
appropriate writ order or directions may kindly be issued
directing the respondents to regularize/grant work charge
status the applicant w.e.f. 01.01.2002 on completion of
eight years service on Daily Wage basis with all
consequential benefits in view of the Law laid in Rakesh
Kumar's Case coupled with the Policy of regularization.
B. That a writ in the nature of Mandamus or any other
appropriate writ order or directions may kindly be issued
directing the respondents to grant the benefit of pension
under CCS (Pension) Rules, 1972 after having regularized
the services of the petitioner w.e.f. 01.01.2002 i.e. on
completion of eight years' service alongwith interest @
12% P.A.
C. That a writ in the nature of Mandamus or any other
appropriate writ order or directions may kindly be issued
directing the respondents to transfer the share
contributed by the petitioner in his CPF Account to the
.
GPF Account or in alternate the same be disbursed in
favour of the petitioner.
D. That the respondents may be directed to pay the
Gratuity to the Applicant for the service rendered on Daily
Wage Basis in view of the law laid down in State of H.P. Vs.
Lashkari Ram (reported in 2008 (1) SLC 245) recalculate
the pension of the petitioner after having counted his
daily wage service as a qualifying service and grant
pension to the applicant.
E. That the respondents may further be directed to pay
the gratuity and Leave Encashment by the respondent
department @ 9% p.a. for the period of service rendered
on daily wage basis in view of the judgment passed by the
Hon'ble High Court of H.P. in Lashkari Ram's case.
F. That a writ in the nature of Mandamus or any other
appropriate writ order or directions may kindly be issued
directing the respondents to grant gratuity to the
petitioner for services rendered on regular basis, if not
paid.
2. It is not in dispute that during the pendency of this
petition, the respondents have made various payments to the
petitioner but no interest on the same was paid though these
were delayed payments.
3. In this background, this Court on 25.11.2021, passed
the following order:-
"Respondents have deposited an amount of Rs. 38,333/-
in view of the prayer made but as this amount was due in
the year, 2012, therefore, respondents/employer would
ordinarily be liable to pay 9% interest on the delayed
payment, in accordance with law.
.
Confronted with this, learned Additional Advocate
General, prays for and is granted two weeks' time to
obtain instructions."
4. Today, the learned Additional Advocate General has
placed on record instructions dated 17.12.2021, the relevant
portion whereof reads as under:-
In this connection it is intimated that as per above Hon'ble
High Court, Himachal Pradesh, Shimla order an amounting
to Rs. 38,333/- (Rupees Thirty Eight Thousand Three
Hundred Thirty Three only) has already been paid to Sh.
Devi Chand's Account No. 11466669684 IFSC Code
SBIN0006990 under PPO No. 1116142885 by the
Additional Director, Treasuries, Accounts & Lotteries, H.P.
Shimla. It is further intimated that the interest @ 9% occur
on actual due amount Rs. 38,333/- (Thirty eight Thousand
Three Hundred Thirty Three only) is calculated w.e.f.
12/2012 to till date worked out an amounting to Rs.
30540/- and case file sent to the Engineer-in-Chief, HP,
PWD, Shimla vide Resident Commissioner, Pangi at Killar
letter No. RES/COMMR/PNG/Budget/2021-22-8531-33
dated 14/12/2021 for obtaining the approval/sanction. As
soon as the above approval/sanction obtain from the
concerned authority the said interest amount will be
deposited in the prayer account immediately please."
5. In view of the above, we deem it proper to dispose of
this petition with a direction to the respondents to pay the
interest on account of delayed payment to the amount of
Rs. 30540/- to the petitioner within a period of two months from
today. Ordered accordingly.
.
6. The petition stands disposed of in the aforesaid
terms, so also pending applications, if any.
For compliance to come up on 24.02.2021.
(Tarlok Singh Chauhan)
Judge
(Chander Bhusan Barowalia)
23 rd
December, 2021 Judge
(sanjeev)
