Himachal Pradesh High Court
Between vs Himachal Road Transport ... on 6 May, 2022
Bench: Mohammad Rafiq, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
ON THE 6th DAY OF MAY, 2022
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION No.2749 of 2022
Between:-
PRITAM SINGH to
(AGED ABOUT 59 YEARS),
S/O LATE SHRI JAI DYAL,
R/O VILLAGE TILLA, P.O. SANDHI,
TEHSIL AND DISTRICT CHAMBA, H.P.
......PETITIONER
(BY MR. SHIVENDRA SINGH,
ADVOCATE)
AND
1. HIMACHAL ROAD TRANSPORT
CORPORATION, THROUGH ITS
MANAGING DIRECTOR,
SHIMLA-171003.
2. REGIONAL MANAGER,
HRTC CHAMBA,
DISTRICT CHAMBA, H.P.
......RESPONDENTS
(BY MR. SHIVAM PRASHAR, ADVOCATE
VICE MR. SHYAM SINGH CHAUHAN, ADVOCATE)
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This petition coming on for admission this day,
Hon'ble Mr. Justice Mohammad Rafiq, passed the following:
ORDER
.
This writ petition has been filed by Pritam Singh, who
had retired from the service of the respondents-Himachal Road
Transport Corporation (for short 'HRTC'), with the prayer that the
respondents may be directed to pay to the petitioner full amount of
gratuity and leave encashment alongwith interest at the rate of 9%
per annum.
2. to
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 petitioner within a period of six months. In
case, the required retiral benefits are not paid to the petitioner,
within the aforesaid period of six months, then in addition to the due
statutory benefits, the petitioner 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 petitioner, 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 to the petitioner
amount of gratuity and leave encashment with actual rate of interest
as per applicable Rules, till the time of actual payment, 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. The writ petition stands disposed of in the above terms,
r to
so also pending miscellaneous application(s), if any.
(Mohammad Rafiq)
Chief Justice
(Sandeep Sharma)
May 06, 2022 Judge
(Bhardwaj)
