Himachal Pradesh High Court
Suresh Chander 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. 12130/2024
Decided on: 22.11.2024
Suresh Chander ...Petitioner
Versus
HRTC & Anr ....Respondents
.........................................................................................
Coram
Ms Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Sat Prakash, Advocate.
For the respondents: Mr. Raman Jamalta, Advocate.
Jyotsna Rewal Dua , J
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 and Leave
Encashment 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, 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,
1 Whether reporters of the local papers may be allowed to see the judgment?
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 and leave encashment
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
22nd November 2024
(R. Atal)
