Decided On : 24.10.2024 vs The Himachal Pradesh Tourism ...
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Himachal Pradesh High Court

Decided On : 24.10.2024 vs The Himachal Pradesh Tourism ... on 24 October, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                                                                       2024:HHC:10232


         IN THE HIGH COURT OF HIMACHAL PRADESH AT
                                                        SHIMLA
                                                                             CWP No. 10941 of 2023
                                                                             Decided on : 24.10.2024
Sh. Chet Ram
                                                                                        ...Petitioner
                                                          Versus
The Himachal Pradesh Tourism Development Corporation
Limited and another.
                                                                                     ...Respondents
Coram

Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1
For the petitioner                             :          Mr. Om Parkash Goel, Advocate.
For the respondents :                                     Ms. Shilpa Sood, Advocate.
Ajay Mohan Goel, Judge (Oral)

By way of this writ petition, the petitioner has, inter

alia, prayed for the following reliefs:-

"a). That a writ of mandamus may please be issued

and the respondents may kindly be directed to modify its

order dated 10.07.2023(Annexure P-2) and sanction the

amount of Gratuity as Rs. 10,26,028/- in favour of the

petitioner in view of the amendment in payment of

gratuity Act, 2018 Annexure P-1. The respondent may

1Whether reporters of the local papers may be allowed to see the judgment?

2024:HHC:10232 kindly be directed to release the entire amount of

Gratuity & leave encashment due and payable to the

petitioner, alongwith interest on account of delayed

period payments i.e. from due date 01.06.2023 till the

date of its realization, in view of judgment dated

11.08.2020 passed by this Hon'ble Court in CWP No.

2783/2020 titled as Rulia Ram Vs. HPTDC & Anr.

(Annexure P-4), judgment dated 24.02.2022 passed by

this Hon'ble Court in CWP No. 5896/2021 titled as Nand

Lal Vs HPTDC & Anr., (Annexure P-5) 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.

b) That the action of the respondents in withholding

or not releasing the retiral benefits of the petitioner from

due date 01.06.2023 till date, may kindly be held as

illegal, arbitrary, discriminatory and violative of Articles

14 & 16 of Constitution of India."

2. Learned counsel for the petitioner submits that

though due and admissible payments have been paid to the

petitioner but interest thereupon have not been paid.

3. Accordingly, this writ petition is disposed of with the

direction that let statutory interest, if any payable, be paid within

2024:HHC:10232

a period of eight weeks from today. Pending miscellaneous

application(s), if any, also stand disposed of accordingly.

(Ajay Mohan Goel) Judge

October 24, 2024 (Shivank Thakur)