Himachal Pradesh High Court
Sita Ram vs Hrtc & Others on 18 November, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 13008/2024 a/w connected matter
Decided on: 18.11.2024
CWP No. 13008/2024
Sita Ram ...Petitioner
Versus
HRTC & others ....Respondents.
CWP No. 13010/2024
Ashok Kumar ...Petitioner
Versus
HRTC & others ....Respondents.
........................................................................................
Coram
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioners: Mr. Mandeep Chandel, Advocate.
For the respondents: Mr. Raman Jamalta, Advocate.
Jyotsna Rewal Dua , J
The writ petitions have been filed by the petitioners,
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 remaining retiral benefits to
the petitioners alongwith interest for the delay on part of the
respondents.
Whether reporters of the local papers may be allowed to see the judgment?yes
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. In view of above, the writ petition is disposed of with a
direction to the respondents to pay the amount of remaining retiral
benefits to the petitioners 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
18th November, 2024
(rohit)
