Mudit Kumar vs H.P.T.D.C
2022 Latest Caselaw 11781 HP

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      IN THE HIGH COURT OF HIMACHAL PRADESH AT
                       SHIMLA
                     CWP No. 2740 of 2022 & connected
                                              matters




                                                        .

                                     Decided on : 30.12.2022
    1. CWP No. 2740 of 2022





    Mudit Kumar

                                                ...Petitioner
                            Versus

    H.P.T.D.C.

    2. CWP No. 2748 of 2022
                            to                    ...Respondent

    Sarla Chopra
                                                ..Petitioner



                            Versus

    H.P.T.D.C.




                                                ..Respondent





    3. CWP No. 2750 of 2022

    Anil Mahajan





                                                ..Petitioner
                            Versus

    H.P.T.D.C.
                                             ..Respondent
    ________________________________________________________

    Coram




                                       ::: Downloaded on - 31/12/2022 20:32:38 :::CIS
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    Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
    Hon'ble Mr. Justice Virender Singh, Judge
    Whether approved for reporting?
    ________________________________________________




                                                                 .
    For the petitioner(s) : Mr. Onkar Jairath, Advocate.





    For the respondent(s) : Mr. Naresh Kaul, Advocate.





    Per Tarlok Singh Chauhan, Judge (oral):

Since common questions of law arise for

consideration in all these petitions, therefore, they are

common judgment.

r to taken up together and are being disposed of by a

2. The instant petitions have been filed for grant of

the following substantive reliefs:­

"i) That a writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the respondents to release the revised

higher amount of gratuity and leave encashment in favour of the petitioner in terms of the Revised Pay Rules as well

as the Payment of Gratuity (Amendment) Act, 2018, alongwith interest @ 9% p.a.

ii) That a writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the Respondents to release the arrears on account of the delayed payment alongwith interest @ 9% p.a."

3. The respondent has filed its reply, wherein it

has not denied the entitlement of the petitioner(s) to the

reliefs, as sought for, and the only ground taken for not

granting the benefit to the petitioner(s) is contained in

para­4 of the reply, which reads as under:

.

"That the petitioner is entitled to the higher amount of gratuity as per payment of Gratuity Act, 1972 amended on 29.3.2018 by the Govt. of India, published in the Gazettee

of India (Annexure R­2). But the petitioner despite of being entitled cannot be granted the financial benefit exceeding the limit of Rs. 10,00,000/­ because of the fact that the competent authority of the Respondent corporation i.e.

Board of Directors (BOD) in its meeting held on 29.11.2019 vide agenda item No. 154.7 that due to poor financial health of the HPTDC the item agenda has been

deferred till the resources of the corporation allow to bear

the expenditure (Annexure R­3). Hence, the financial benefits exceeding the capping of Rs. 10,00,000/­ as per payment of Gratuity Act, 1972 amended on 29.3.2018

referred above can be given to the petitioner along with other similarly situated retirees only in case the same will be approved by the competent authority i.e. Board of

Directors (BOD) of the respondent corporation as per

availability of funds in future. It is further submitted that respondent corporation is a semi Govt. commercial organization where, the benefits like revised pay scale

from time to time at par with the Govt. Departments are being released to the eligible employees of the HPTDC, only after the prior approval of the competent authority i.e. Board of Directors. It is pertinent to mention here that, the matter with respect of revised pay scale was placed before the Board of Directors of HPTDC, in its meeting held on 5.9.2022 for granting of above benefits to

the eligible employees of the Respondent corporation. It is, also submitted that as & when the Board of Directors of the Respondent Corporation approves the adoption of revised pay scale effective from 1.1.2016 onward at par

.

with the Himachal Pradesh Govt. Departments in HPTDC,

the balance amount of Leave encashment, if any as per these pay scales will be calculated and released to the petitioner as per availabilities of the funds."

4. Once the respondent accedes to the entitlement

and eligibility of the petitioner(s) for grant of relief of

revised gratuity, obviously, the mere fact that the same

could not be placed before the competent authority, i.e.

the Board of Directors, can be no ground to deny such

benefit to the petitioner(s).

5. Accordingly, we deem it proper to dispose of these

petitions by directing the respondent to release the

revised higher amount of gratuity and leave encashment,

in favour of the petitioner(s), in terms of the Revised Pay

Rules as well as Payment of Gratuity (Amendment) Act,

2018, within a period of three months from today, failing

which the respondent shall be liable to pay interest @ 9%

per annum, from the date of filing of the petition, till its

realization in favour of the petitioner(s). The pending

application(s), if any, are also disposed of.

6. For compliance, to come up on 3.4.2023.

(Tarlok Singh Chauhan)

.

Judge

(Virender Singh)

Judge

30.12.2022 Kalpana

r to