Himachal Pradesh High Court
Sector No.4 vs Keshav Ram Sharma Vs. Hptdc And on 23 May, 2022
Bench: Sabina, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
ON THE 23rd DAY OF MAY, 2022.
BEFORE
.
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION NO. 2773 OF 2022.
Between:-
SECTOR No.4, NEW SHIMLA.
r to
CHANDER KANTA GARG WIFE OF SHRI JAGAT RAM
GARG, RESIDENT OF FLAT NO. 840, BLOCK NO. 45,
....PETITIONER.
(BY MR. OM PRAKASH GOEL, ADVOCATE)
AND
1. THE HIMACHAL PRADESH TOURSIM
DEVELOPMENT CORPORATION LTD. THROUGH ITS
MANAGING DIRECTOR, RITZ ANNEXE, SHIMLA-
171 001.
2. SENIOR ACCOUNTS OFFICER, HPTDC, RITZ
ANNEXE, SHIMLA-171 001.
....RESPONDENTS.
(BY MR. NARESH KAUL, ADVOCATE)
This petition coming on for admission this day, Hon'ble
Ms. Justice Sabina, passed the following:-
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ORDER
.
Petitioner has filed the writ petition under Article 226 of
the Constitution of India, seeking the following relief(s):-
"i) That the writ of mandamus may please
be issued and the respondents may
kindly be directed to release the entire
amount of retiral benefits i.e. Gratuity and
Leave Encashment which is still due and
payable to the petitioner along with
r interest on the entire amount of retiral
benefits on account of delay period
payments, in terms of the law settled by
the Hon'ble Supreme Court vide
judgments mentioned supra and
judgments 11.08.2020 and 07.09.2021
passed by this Hon'ble High Court in
CWP No.2783 of 2020 titled as Rulia
Ram Vs. HPTDC and Anr., Annexure P-3
and CWP No. 4575/2021 TITLED AS
Keshav Ram Sharma vs. HPTDC and
others Annexure P-4 respectively and
even otherwiseon the facts and law as
stated in the petition and the same bay
kindly be allowed with costs in the
interest of law, equity and justice.
ii) That the action of the respondents in with
holding or not releasing the retiral
...3...
benefits of the petitioner within 30 days
.
from due date i.e. 01.04.2021 till the date
of its realization may kindly be held as
illegal, arbitrary and violative of Article 14
and 16 of the Constitution of India."
2. Learned counsel for the parties have submitted that this
case is covered by the decision given by this Court in CWP
No.6628 of 2021, titled Anil Kumar Goel versus The Himachal
Pradesh Tourism Development Corporation Ltd. & Another,
decided alongwith connected matters on 24th February, 2022.
3. Order dated 24th February, 2022, reads as under:-
"These writ petitions have been filed by the
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
...4...
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
r 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
...5...
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
r 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 the 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
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disposed of in the above terms, so also the
.
pending miscellaneous application(s), if any."
3. Accordingly in view of the above decision dated
24th February, 2022, this writ petition is disposed of with a direction
to the respondent-Corporation to pay gratuity and leave
encashment to the petitioner 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 to the
petitioner with interest at the rate of 9% per annum till the date of its
actual payment.
4. Pending miscellaneous application(s), if any, shall also
stand disposed of.
(Sabina)
Judge
(Satyen Vaidya)
Judge
23rd May, 2022.
(jai)
