Himachal Pradesh High Court
Bodh Raj vs The Himachal Pradesh on 22 November, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
CWP Nos.9171 to 9175 of 2023
Decided on: 22nd November, 2023
.
________________________________________________________
1. CWP No.9171 of 2023
Bodh Raj ....Petitioner
Versus
The Himachal Pradesh ....Respondents
of
Tourism Development
Corporation Ltd. & anr.
2.
rt
CWP No.9172 of 2023
Brestu Ram ....Petitioner
Versus
The Himachal Pradesh ....Respondents
Tourism Development
Corporation Ltd. & anr.
3. CWP No.9173 of 2023
Mani Ram ....Petitioner
Versus
The Himachal Pradesh ....Respondents
Tourism Development
Corporation Ltd. & anr.
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4. CWP No.9174 of 2023
Raj Kumar ....Petitioner
Versus
.
The Himachal Pradesh ....Respondents
Tourism Development
Corporation Ltd. & anr.
5. CWP No.9175 of 2023
of
Gopal Singh ....Petitioner
Versus
rt
The Himachal Pradesh
Tourism Development
....Respondents
Corporation Ltd. & anr.
6. CWP No.7685 of 2023
Daulat Ram ....Petitioner
Versus
The Himachal Pradesh ....Respondents
Tourism Development
Corporation Ltd. & anr.
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting? Yes
For the petitioner(s) : Mr. Ajeet Singh Saklani,
1
Whether reporters of Local Papers may be allowed to see the judgment? Yes
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Advocate, for the petitioner(s)
in all the petitions, except in
CWP No.7685 of 2023.
Mr. Om Prakash Goel,
.
Advocate, for the petitioner in
CWP No.7685 of 2023.
For the respondents : Mr. Shivank Singh Panta,
Advocate, for the respondents,
in all the petitions, except in
CWP No.7685 of 2023.
of
Ms. Shilpa Sood, Advocate, for
the respondents, in CWP
No.7685 of 2023.
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Ranjan Sharma, Judge (Oral)
Notice. Mr. Shivank Singh Panta, learned
Additional Advocate General, appears and waives service
of notice on behalf of the respondents.
2. The learned counsel for the petitioner(s),
submits that the facts and the reliefs prayed for in all
these six petitions are identical and therefore, all these
petitions may be taken up for disposal, at this stage. The
prayer being innocuous, is not opposed by Mr. Shivank
Singh Panta, learned counsel for the respondents.
3. With the consent of the parties, all the
connected matters are taken up for disposal, at this
stage.
4. In order to facilitate the adjudication of the
.
writ petitions, learned counsel for the petitioner(s),
furnishes a following consolidated chart showing the
incumbency of the petitioners and the reliefs claimed for
by them in the aforesaid cases. The aforesaid chart is
of
taken on record and shall be read as part and parcel of
the case records.
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Sr. Petitioner(s CWP Date of Amount of Amount of
No. ) Name No. Retirement Gratuity Leave
(Due Encashment
Unpaid) (Due Unpaid)
1. Bodh Raj 9171 31.03.2023 as 8,03,005/- 5,56,750/-
of Commi-II from
2023 HPTDC, Hotel
Hushehar
Regency Rampur,
H.P.
2. Brestu Ram 9172 30.06.2023 as 10,00,000/- 6,04,340/-
of MDH from
2023 HPTDC, Lake
view Distt.
Bilaspur, H.P.
3. Mani Ram 9173 31.03.2022 as 5,44,290/- 3,33,831/-
of Houseman from
2023 HPTDC, Tourist
inn, Rewalser,
District Mandi,
H.P.
4. Raj Kumar 9174 30.04.2023 as 10,00,000/- 1,32,124/-
of Commi-II from
2023 HPTDC, Tourist
inn, Rewalser,
District Mandi,
H.P.
5. Gopal Singh 9175 31.12.2022 as 10,00,000/- 5,85,570/-
of Captain from
2023 HPTDC, Hotel
Suket
Sundernagar,
District Mandi,
H.P.
6. File No.6
.
added later
so
particulars
are
required to
be typed
here,
of
5. In order to facilitate the adjudication of the
connected matters, the facts from CWP No.9171 of
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2023, titled as Bodh Raj Versus The Himachal Pradesh
Tourism Development Corporation Ltd. & anr., are
extracted for ready reference.
6. The petitioner(s) has filed the writ petition for
the following reliefs:-
"i. That as writ of mandamus may please be issued
and the respondents may kindly be directed to
release the retiral benefits i.e. Gratuity & leave
encashment along with interest on the entire
amount of gratuity and leave encashment, which
is still due and payable to the petitioner from
due date i.e. 01.04.2023 till the date of its
realization, on account of delayed periods
payments, in terms of the judgment dated
11.08.2023 passed by this Hon'ble Court in CWP
No.4129/2023 titled as Dile Ram Vs. HPTDC &
Anr., (Annexure P-4) and even otherwise on facts
and law as stated in the petition as above, the
petition may kindly be allowed with costs, in the
.
interest of law and justice.
ii. That the action of the respondents in
withholding or not releasing the retiral benefits
of the petitioner from due date 01.04.2023 till
date, may kindly be held as illegal, arbitrary,
discriminatory and violative of articles 14 & 16
of
of constitution of India."
7. Case of the petitioner(s), as presented by Mr.
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Ajeet Singh Saklani, is that they were appointed in the
Himachal Pradesh Tourism Development Corporation
Ltd. and they retired from the service of the Corporation,
from different capacities i.e. Commi-II, MDH, Houseman,
Commi-II and Captain.
8. Their only grievance is that respondents have
not released the retiral benefit of Gratuity and Leave
Encashment along with interest as detailed in the above
Chart, to the petitioners till day. The learned counsel
further relies upon the judgment passed by this Court in
CWP No.4129 of 2023, titled as Dile Ram Versus The
HPTDC Ltd. Anr., decided on 11.08.2023, (Annexure P-
4), in support of his contentions, whereby this Court had
directed the respondents to release the benefit of Gratuity
.
and Leave Encashment to the incumbents therein, with
statutory interests within a period of six months from
today in accordance with law.
9. The Co-ordinate Bench of this Court in the
of
matter of Dile Ram, supra, further mandated that in
case the amount due is not paid within period of six
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months, the same shall carry interest at the rate of 9%
per annum from the due date actual payment. The
operative part of the judgment in case of Dile Ram,
supra, reads as under:-
"2. The petitioner was in service of the respondent-
Himachal Pradesh Tourism Development Corporation
Ltd. and retired as Housman on 30.04.2022 from
Hotel Holiday Home, HPTDC, Shimla, District Shimla,
H.P. after rendering 23 years, 05 months & 07 days of
regular service. It is the case of the petitioner that
his balance amount of gratuity of Rs.04,59,487/- and
leave encashment of Rs.03,13,961/- have been
sanctioned by the respondents, vide order dated
23.06.2022 Annexures P-1 and P-2, respectively. The
grievance of the petitioner is that despite the aforesaid
gratuity and leave encashment being sanctioned,
the same have not been released. It is, however,
submitted that an amount of Rs.1,00,000/- has been
.
disbursed to the petitioner by the respondents on
account of retiral benefits, i.e. gratuity.
In the facts and circumstances of the case, this
writ petition is disposed of by directing the respondents
to release the admissible retiral benefits along with
statutory interest to the petitioner within a period of six
of
months from today, in accordance with law. If the
amount due is not paid within the aforesaid period,
the same shall carry interest at the rate of 9% per
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annum from the due date of actual payment."
10. In the background of the judgment of Dile
Ram, supra, the petitioner(s) submits that they have not
been granted the Gratuity sanctioned vide Annexure P-1,
dated 13.06.2023 and the Leave Encashment sanctioned
vide Annexure P-2, dated 13.06.2023, which is also
borne out from the details mentioned in the Chart,
referred to in Para 4 above.
11. Per contra, Mr. Shivank Singh Panta, learned
counsel, submits that the respondent-Corporation does
not disputes the mandate of law laid down in the
case of Dile Ram (Annexure P-4), supra. He submits
that the process for release of Gratuity and Leave
Encashment is underway and the same shall be
.
released shortly.
12. In rebuttal, Mr. Ajeet Singh Saklani, learned
counsel, states that even if the matter for release of
Gratuity and Leave Encashment is underway then
of
also, the same cannot be a ground to deprive the
petitioner(s) of these retiral benefits and statutory
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interest to the petitioner(s) thereon.
13. In background of entirety of the facts and
circumstances hereinabove, since the admissibility of
retiral benefits of Gratuity and Leave Encashment along
with interest to the petitioner(s) is not disputed by the
Respondents in terms of the mandate of this Court in the
case of Dile Ram (supra), therefore, this Court directs the
Respondent-Corporation to release the retiral benefits of
Gratuity and Leave Encashment along with statutory
interest within a period of six months from today, failing
- 10 -
which the interest @ 9% per annum shall accrue from
due date till actual payment or release of these benefits,
in accordance with law. This Court also mandate that the
.
directions passed by the Co-ordinate Bench in the case of
Dile Ram shall mutatis-mutandis apply to the
petitioner(s) herein.
14. Needless to say that, this Court has not
of
adverted to the rival contentions and merits of the matter
and all questions of facts and law are left open.
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In aforesaid terms, the writ petition as well
as the pending miscellaneous application(s), if any, shall
also stand disposed of, accordingly.
(Ranjan Sharma)
Judge
November 22, 2023
(Shivender)
