Himachal Pradesh High Court
Ram vs State Of Himachal Pradesh And ... on 24 February, 2022
Bench: Mohammad Rafiq, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 24th DAY OF FEBRUARY 2022
.
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION Nos. 6628, 6631,6632,7473,7474 & 7483 of 2021
1.
Between:-
CWP NO. 6628 OF 2021
r to
ANIL KUMAR GOEL
SON OF LATE SHRI BIMAL PARSHAD GOEL,
SHANTI COLONY, WARD NO. 11,
DEVI NAGAR, POANTA SAHIB,
DISTT. SIRMOUR, PIN:173025.
......PETITIONER
(BY SH. OM PARKASH GOEL, ADVOCATE)
AND
1. THE HIMACHAL PRADESH TOURISM DEVELOPMENT
CORPORATION LTD. THROUGH ITS MANAGING
DIRECTOR, RITZ ANNEXE, SHIMLA-171001.
2. SENIOR ACCOUNTS OFFICER, HPTDC,
RITZ ANNEXE, SHIMLA, 171001.
.....RESPONDENTS
(BY SH. NARESH KAUL, ADVOCATE)
2. CWP NO. 6631 OF 2021
SH. GIAN CHAND
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2
S/O SH. SUKH RAM,
R/O VILLAGE & P.O. TALWARA,
TESHIL GHUMARWIN,
.
DISTT. BILASPUR, H.P.
......PETITIONER
(BY SH. OM PARKASH GOEL, ADVOCATE)
AND
1. THE HIMACHAL PRADESH TOURISM DEVELOPMENT
CORPORATION LTD. THROUGH ITS MANAGING
DIRECTOR, RITZ ANNEXE, SHIMLA-171001.
2. SENIOR ACCOUNTS OFFICER, HPTDC,
RITZ ANNEXE, SHIMLA, 171001.
.....RESPONDENTS
(BY SH. NARESH KAUL, ADVOCATE)
3. CWP NO. 6632 OF 2021
NIKKU RAM
SON OF LATE SHRI CHAUDHARY RAM,
VILL. PARAG, POST OFFICE, SOLAN BREWERY,
TEHSIL AND DISTT. SOLAN.
PIN: 173214.
......PETITIONER
(BY SH. OM PARKASH GOEL, ADVOCATE)
AND
1. THE HIMACHAL PRADESH TOURISM DEVELOPMENT
CORPORATION LTD. THROUGH ITS MANAGING
DIRECTOR, RITZ ANNEXE, SHIMLA-171001.
2. SENIOR ACCOUNTS OFFICER, HPTDC,
RITZ ANNEXE, SHIMLA, 171001.
.....RESPONDENTS
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3
(BY SH. NARESH KAUL, ADVOCATE)
4. CWP NO. 7473 OF 2021
.
BHUMI SINGH
SON OF SHRI DHANI RAM RANA,
RESIDENT OF VILLAGE CHORI DA LAHAR,
P.O. KIARWAN, TEHSIL DHEERA,
CHOURI DA LAHAR (143),
DISTT. KANGRA, H.P.
PIN 176084.
......PETITIONER
AND
r to
(BY SH. OM PARKASH GOEL, ADVOCATE)
1. THE HIMACHAL PRADESH TOURISM DEVELOPMENT
CORPORATION LTD. THROUGH ITS MANAGING
DIRECTOR, RITZ ANNEXE, SHIMLA-171001.
2. SENIOR ACCOUNTS OFFICER, HPTDC,
RITZ ANNEXE, SHIMLA, 171001.
.....RESPONDENTS
(BY SH. NARESH KAUL, ADVOCATE)
5. CWP NO. 77474 OF 2021
SURINDER SINGH
SON OF LATE SHRI LAKHA SINGH,
RESIDENT OF WARD NO. 6,
TIKA CHATEHAR, P.O. YOL CANTT,
TEHSIL DHARAMSHALA,
CHHATAIR (495), KANGRA H.P.
PIN-176052.
......PETITIONER
(BY SH. OM PARKASH GOEL, ADVOCATE)
AND
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1. THE HIMACHAL PRADESH TOURISM DEVELOPMENT
CORPORATION LTD. THROUGH ITS MANAGING
.
DIRECTOR, RITZ ANNEXE, SHIMLA-171001.
2. SENIOR ACCOUNTS OFFICER, HPTDC,
RITZ ANNEXE, SHIMLA, 171001.
.....RESPONDENTS
(BY SH. NARESH KAUL, ADVOCATE)
6. CWP NO. 7483 OF 2021
DAYAL SINGH
SON OF SHRI MUNSHI RAM
VILL. AMAR PUR,
TEHSIL GHUMARWIN,
DISTT. BILASPUR, H.P.
PIN-174021.
......PETITIONER
(BY SH. OM PARKASH GOEL, ADVOCATE)
AND
1. THE HIMACHAL PRADESH TOURISM DEVELOPMENT
CORPORATION LTD. THROUGH ITS MANAGING
DIRECTOR, RITZ ANNEXE, SHIMLA-171001.
2. SENIOR ACCOUNTS OFFICER, HPTDC,
RITZ ANNEXE, SHIMLA, 171001.
.....RESPONDENTS
(BY SH. NARESH KAUL, ADVOCATE)
_______________________________________________________
These petitions coming on for admission this day,
Hon'ble Mr. Justice Mohammad Rafiq, passed the following:
ORDER
These writ petitions have been filed by petitioners, who
had retired from the service of the respondents-Himachal Pradesh
.
Tourism Development Corporation (HPTDC), with the prayer that the
respondents may be directed to pay the amount of Gratuity and
Leave Encashment alongwith interest for the delay on the part of the
respondents.
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 these writ
petitions with a direction to the respondents to pay gratuity and
leave encashment to the petitioners with actual rate of interest as per
applicable rules, till the time of actual payment, which shall be paid
to them within a period of six months from today. The due amount of
payment, if delayed beyond six months, shall be paid with interest to
the rate of 9% per annum till the date of its actual payment. The writ
.
petitions stand disposed of in the above terms, so also the pending
miscellaneous application(s), if any.
( Mohammad Rafiq )
Chief Justice
r to ( Jyotsna Rewal Dua )
Judge
24th February, 2022(vs/rohit)
