Subhash Chand vs Transport Corporation
2021 Latest Caselaw 5938 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
               ON THE 29th DAY OF DECEMBER 2021
                            BEFORE




                                                             .
            HON'BLE MR. JUSTICE MOHAMMAD RAFIQ





                         CHIEF JUSTICE
                               &





           HON'BLE MS. JUSTICE JYOTSNA REWAL DUA


              CIVIL WRIT PETITION No. 8261 of 2021

      Between:-

      SUBHASH CHAND
                      r         to
      SON OF LATE SHRI PARMA RAM,

      RESIDENT OF VILLAGE AMTRAR,
      POST OFFICE SUNEHAR,
      TEHSIL AND DISTRICT KANGRA, H.P.
                                                .....PETITIONER



      (BY SH. SHIVENDRA SINGH, ADVOCATE)

      AND




1.    HIMACHAL ROAD TRANSPORT CORPORATIONI





      THROUGH ITS MANAGING DIRECTOR, SHIMLA-171003.

2.    REGIONAL MANAGER HRTC CHAMBA





      DISTRICT CHAMBA, H.P.

                                            .....RESPONDENTS

      (SH. SHYAM S. CHAUHAN, ADVOCATE)

____________________________________________________

            This petition coming on for notice this day, Hon'ble

      Mr. Justice Mohammad Rafiq, passed the following:




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                                                                  .
                                   ORDER

This writ petition has been filed by petitioner-

Subhash Chand, who had retired from the service of the

respondents- Himachal Road Transport Corporation (HRTC)

on 30.11.2018 , with the prayer that the respondents may be

directed to pay all his retiral benefits alongwith interest at the

rate of 9% per annum for the delay on the part of respondent

No.1-Corporation.

2. Reliance has been placed on the judgment

passed by a Division Bench of this Court in CWP No.3050 of

2014, titled Nek Ram versus State of Himachal Pradesh and

others, decided on 17.07.2014 and also on a subsequent order

of this Court, dated 25.08.2021, passed in CWP No.4377 of

2021, titled Sh. Subhash Chand versus The Himachal Road

Transport Corporation, Shimla and others, alongwith

connected matters, in which, the respondents were directed to

pay the retiral benefits to the petitioners within a period of six

months. In case, the required retiral benefits are not paid to the

petitioners within the aforesaid period of six months, then in

addition to the due statutory benefits, the petitioners shall also

be paid interest at the rate of 9% per annum beyond the period

of six months till the date of actual payment.

.

3. In another subsequent order of this Court passed

in CWP No.6034 of 2021, titled Ram Lal versus The Himachal

Pradesh Tourism Development Corporation Ltd. and another

and the connected matter, decided on 23.11.2021, the

respondents were directed to make payment of gratuity to the

petitioners within a period of six months from the date of

passing the order. In the event of non-payment of due amount,

the petitioners were held entitled to differential amount of

interest between the amount of interest statutorily payable to

the petitioners as per the Payment of Gratuity Act and the

interest at the rate of 9% per annum for the period of delay

beyond six months.

4. While disposing of Review Petition No.110 of

2021 on 25.11.2021, preferred against the order dated

09.11.2021 passed in CWP No.6928 of 2021, in which, the

aforesaid order dated 25.08.2021 passed in CWP No.4377 of

2021 was relied upon, this Court has clarified the aforesaid

order in the terms that the respondent-Corporation shall be

liable to pay entire retiral dues of the petitioner, including

gratuity, arrears of pension and leave encashment alongwith

prescribed rate of interest, within a period of six months from

the due date till the actual payment is made.

.

5. We are, therefore, persuaded to dispose of this

writ petition with a direction to the respondents to pay gratuity

to the petitioner 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 petitioner the due statutory

benefits, other retiral benefits and amount of leave

encashment alongwith applicable interest, all of which, shall be

paid to him, within a period of six months from today. The due

amount of payment, if delayed beyond six months, shall be

paid with interest at the rate of 9% per annum till the date of its

actual payment.

6. Pending miscellaneous application(s), if any,

shall also stand disposed of.

( Mohammad Rafiq ) Chief Justice

( Jyotsna Rewal Dua ) Judge

December 29, 2021 (rohit/vs)