Himachal Pradesh High Court
Ram Pal And Others vs The H.P. Tourism Development ... on 28 October, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.12042 of 2024
Decided on: 28th October, 2024
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Ram Pal and others .....Petitioners
Versus
The H.P. Tourism Development Corporation
Limited and another .....Respondents
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Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting? 1
For the Petitioners: Mr. Surila Sangam, Advocate vice
Mr. Ajeet Singh Saklani, Advocate.
For the Respondents: Mr. Shivank Singh Panta, Advocate.
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Jyotsna Rewal Dua, Judge
Notice. Mr. Shivank Singh Panta, learned
Standing Counsel, appears and waives service of notice on
behalf of the respondents.
2. This writ petition has been filed for the grant of
following substantive reliefs:-
"a) That a writ of mandamus may please be issued and the
respondents may kindly be directed to release the
retiral benefits i.e. Gratuity & leave encashment along
with interest on the entire amount of gratuity and leave
encashment, which is still due and payable to the
petitioners from due date till the date of its realization,
Whether reporters of print and electronic media may be allowed to see the order? Yes
on account of delayed periods payments, in terms of the
judgment dated 11.08.2023 passed by this Hon'ble
Court in CWP No.4129/2023 titled as Dile Ram Vs.
HPTDC & Anr., (Annexure P-4) 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 justice.
b) That the action of the respondents in withholding or not
releasing the retiral benefits of the petitioners from due
date and till date, may kindly be held as illegal,
arbitrary, discriminatory and violative of articles 14 &
16 of constitution of India"
3. The petitioners were in service of the
respondent-Himachal Pradesh Tourism Development
Corporation Ltd. and retired in the months of January/
March/May, 2024 after rendering more than 32 years of
regular service. It is the case of the petitioners that the
amount of gratuity and leave encashment has been
sanctioned by the respondents, however, despite the
aforesaid amount being sanctioned, the same has not been
released.
4. In the facts and circumstances of the case, the
writ petition is disposed of by directing the respondents to
release the admissible retiral benefits alongwith statutory
interest to the petitioners within a period of six months
from today, in accordance with law. If the amount due is
not paid within the aforesaid period, the same shall carry
interest at the rate of 9% per annum from the due date of
actual payment.
The writ petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any.
Jyotsna Rewal Dua
October 28, 2024 Judge
Mukesh
