Himachal Pradesh High Court
Between:-R vs State Of Himachal Pradesh And ... on 24 May, 2022
Bench: Mohammad Rafiq, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 24th DAY OF MAY, 2022
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION No.2809 of 2022
Between:-r
DHANI RAM SON OF LATE
SHRI SANT RAM,
RESIDENT OF VILLAGE
CHANDPUR, POST OFFICE
BAKHALAG, TEHSIL ARKI,
DISTRICT SOLAN, H.P.
.....PETITIONER
(BY MR. MANOHAR LAL SHARMA,
ADVOCATE)
AND
1. HIMACHAL ROAD
TRANSPORT
CORPORATION THROUGH
ITS MANAGING DIRECTOR,
SHIMLA
2. THE FINANCIAL ADVISOR
& CAO, HIMACHAL ROAD
::: Downloaded on - 24/05/2022 20:07:05 :::CIS
2
TRANSPORT
CORPORATION, HEAD
OFFICE, SHIMLA-3
.....RESPONDENTS
.
(BY MS. REETA THAKUR,
ADVOCATE)
_____________________________________________________
This petition coming on for orders this day, Hon'ble
Mr. Justice Mohammad Rafiq, passed the following:
ORDER
This writ petition has been filed by petitioner, who had
retired from the service of the respondents-Himachal Road
Transport Corporation (HRTC), with the prayer that the respondents
may be directed to pay the amount of gratuity (DCRG), and leave
encashment alongwith interest @ 9% per annum on the pending
dues under law.
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 this writ
petition with a direction to the respondents 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 with interest to
the rate of 9% per annum till the date of its actual payment. The writ
petition stand disposed of in the above terms, so also the pending
application(s), if any.
( Mohammad Rafiq )
Chief Justice
( Sandeep Sharma )
May 24, 2022 Judge
(vt)
