Mohan Singh vs Hrtc & Ors
2023 Latest Caselaw 10213 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.3753 of 2023 Decided on: 25th July, 2023

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_________________________________________________________________

Mohan Singh ....Petitioner

Versus

HRTC & Ors. ...Respondents _________________________________________________________________ Coram Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

1 Whether approved for reporting?

_________________________________________________________________ For the petitioner: Mr. H. S. Rangra, Advocate.

For the respondents: Ms. Shubh Mahajan, Advocate.

Jyotsna Rewal Dua, Judge

This writ petition has been filed by the 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, Leave Encashment and GPF amount

alongwith interest for the delay on 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,

Whether reporters of Local Papers may be allowed to see the judgment?

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. In view of above, the writ petition is disposed of

with a direction to the respondents to pay gratuity, leave

encashment and GPF amount 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. Pending

miscellaneous application(s), if any, shall also stand disposed

of.

.

                                                 Jyotsna Rewal Dua
                                                       Judge





    July 25, 2023
          R.Atal




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