Pradeep Kumar vs H.P.T.D.C
2023 Latest Caselaw 15924 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

Civil Writ Petition No. 5794 of 2023.

Date of decision: 10th October, 2023.

.

    Pradeep Kumar                                                           ...Petitioner.
                                         Versus





    H.P.T.D.C.                                                      ....Respondents.

    Coram:

The Hon'ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?1

For the Petitioners: Mr. Om Prakash Goel, Advocate.

For the Respondents: Mr. Shivank Singh Panta, Advocate.

Satyen Vaidya, Judge (Oral).

Notice. Mr. Shivank Singh Panta, Advocate,

appears and waives service of notice on behalf of the

respondents.

2. Petitioner has prayed for following substantive

relief(s):-

"a). That a writ of mandamus or any other appropriate writ order or directions may kindly be issued by directing the respondents to release the revised higher amount of gratuity and leave encashment in favour of the petitioner in terms of the revised pay rules as well as the payment of gratuity (amendment) Act, 2018 along with interest @ 9% per annum.

Whether reporters of the local papers may be allowed to see the judgment?

...2...

b). That a writ in the nature of mandamus or

.

any other appropriate wirt order or directions

may kindly be issued directing the respondent to release the arrears on account of delayed

payment along with interest @9% per annum."

3. Learned counsel for the petitioners submits that

the issue raised in the instant petition is no more res integra

and have already been adjudicated upon by Hon'ble Division

Bench of this Court on 30th December, 2022, while deciding

CWP No. 2740 of 2022 along with connected matters,

titled as Mudit Kumar vs. HPTDC.

3. On the strength of aforesaid judgment, learned

counsel for the petitioner has made further submission that

his client will be content in case the directions are issued to

respondent to consider the prayers made in the instant

petition within a time bound manner in light of aforesaid

judgments.

4. Accordingly, the instant petition is disposed of with

direction to the respondent/competent authority to consider

and decide the prayers made in the petition by the petitioner

in light of above referred judgments passed by Hon'ble

Division Bench in CWP No. 2740 of 2022, titled as Mudit

...3...

Kumar vs. HPTDC, within a period of eight weeks from today.

.

In case, the petitioner is found similarly situated to the

petitioners in the afore-mentioned petition, he shall also be

granted all the reliefs as have been made permissible to the

petitioners in CWP Nos. 2740 of 2022.

5. Pending miscellaneous application(s), if any, also stand

disposed of.

(Satyen Vaidya) Judge 10th October, 2023.

(jai)