Himachal Pradesh High Court
Shyam Lal vs Hrtc & Anr on 21 July, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.11674 of 2025
Date of decision: 21.07.2025
.
Shyam Lal. ...Petitioner.
Versus
HRTC & Anr. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the petitioner : Mr. Rakesh Kumar, Advocate.
For the respondents : Ms. Sugandh Verma, Advocate,
r vice Mr. Virender Singh Kanwar,
Advocate.
Jyotsna Rewal Dua, Judge
Notice. Ms. Sugandh Verma, Advocate, appears
and waives service of notice on behalf of the respondents.
2. This writ petition has been filed by the
petitioners, who had retired from the service of the
respondent-Himachal Road Transport Corporation (HRTC),
with the prayer that the respondents may be directed to pay
the amount of retiral benefits along with 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,
Whether reporters of Local Papers may be allowed to see the judgment? Yes
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 along with 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.
4. In another subsequent order of this Court passed
on 23.11.2021 in CWP No.6034 of 2021 (Ram Lal versus
The Himachal Pradesh Tourism Development
Corporation Ltd. and another and the connected
matter), the respondents were directed to make payment of
gratuity to the petitioners within a period of six months from
the date of passing of 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.
5. 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 petitioners, including gratuity,
arrears of pension and leave encashment along with
prescribed rate of interest, within a period of six months
from the due date till the actual payment is made.
In view of above, this 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 them within a period of six
months from today. The due amount of payment, if delayed
beyond six months, shall be paid with interest at 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
21st July, 2025 Judge
(Pardeep)
r to
