Himachal Pradesh High Court
Rakesh Kumar vs Hrtc & Anr on 22 November, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 13390/2024 &
connected matters
Decided on: 22.11.2024
1. CWP No. 13390 of 2024
Rakesh Kumar ...Petitioner
Versus
HRTC & Anr ....Respondents
.........................................................................................
2. CWP No. 13392 of 2024
Madan Lal ...Petitioner
Versus
HRTC & Anr ....Respondents
.........................................................................................
3. CWP No. 13394 of 2024
Vinod Kumar ...Petitioner
Versus
HRTC & Anr ....Respondents
.........................................................................................
Satish Kumar ...Petitioner
Versus
HRTC & Anr ....Respondents
.........................................................................................
Coram
Ms Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioners: Mr. Nitin Rishi, Advocate.
For the respondents: Mr. Raman Jamalta, Advocate.
Jyotsna Rewal Dua , J
1 Whether reporters of the local papers may be allowed to see the judgment?
Notice. Mr. Raman Jamalta, learned Standing
Counsel, accepts service of notice on behalf of the respondents in
the above petitions.
2. These 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 amount of Gratuity, GPF,
commuted leave of pension etc. alongwith interest for the delay
on part of the respondents.
3. 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 petitions are disposed of with
a direction to the respondents to pay gratuity, GPF and commuted
value of pension and other 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 them 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
22nd November 2024
(R. Atal)
