Mandi vs State Of H.P. & Others
2022 Latest Caselaw 915 HP

  IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
               ON THE 11th DAY OF MARCH, 2022




                                                             .
                             BEFORE





                 HON'BLE MS. JUSTICE SABINA
                                &





            HON'BLE MR. JUSTICE SATYEN VAIDYA
            CIVIL WRIT PETITION No. 1388 OF 2022
         Between:-





         SHIV KUMAR
         SON OF LATE SHRI HEM SINGH,
         R/O VILLAGE BAROT, POST OFFICE
         AND TEHSIL BALDWARA, DISTRICT

         MANDI, HIMACHAL PRADESH.
                                                      ....PETITIONER

         (BY MR. SHIVENDRA SINGH, ADVOCATE)

         AND



    1.   HIMACHAL ROAD TRANSPORT CORPORATION
         THROUGH ITS MANAGING DIRECTOR,




         SHIMLA-171003.





    2.   REGIONAL MANAGER HRTC
         NAGROTA BAGWAN, DISTRICT
         KANGRA, H.P.
                                                    ..RESPONDENTS





        (MR.    SHYAM      SINGH     CHAUHAN,
        ADVOCATE)
__________________________________________________________________

           This petition coming on for orders this day, Hon'ble Ms.

         Justice Sabina, passed the following:-

                            ORDER

Petitioner has filed this writ petition mainly with

the following relief:

.

"a) That the respondents may kindly be directed to pay the full amount of commute

pension, pay arrears, pension arrear from 0103-2018 to 28-02-2019, interest amount of Gratuity and interest amount of leave encashment, alongwith interest @ 9% per

annum on the pending dues under law.

b) That the respondents may kindly be

directed to extend the benefit of the judgment

passed by this Hon'ble Court in Nek Ram Versus State of H.P. & others, C.W.P 3050 of 2014, decided on 17.07.2014, Annexure P-3

to the petitioner forthwith with all consequential benefits."

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

also stand disposed of.

                                                      ( Sabina )
                                                        Judge


    March 11, 2022                             ( Satyen Vaidya )
         (naveen)                                    Judge