Raj Bhagwania vs Hptdc & Ors
2025 Latest Caselaw 6093 HP

Himachal Pradesh High Court

Raj Bhagwania vs Hptdc & Ors on 27 May, 2025

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.7182 of 2025 Date of decision: 27.05.2025

Raj Bhagwania ...Petitioner.

                                Versus
HPTDC & Ors.                                                     ...Respondents.

Coram:

Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?

For the petitioners : Mr. M.L. Sharma, Advocate.

For the respondents : Ms. Shilpa Sood, Advocate. Jyotsna Rewal Dua, Judge

Notice. Ms. Shilpa Sood, 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 relief:­

" That the directions may kindly be issued to the respondent Corporation to pay the amount of Gratuity (DCRG) and Leave encashment along with interest @9% per annum to the Petitioner with effect from due date i.e. 01.04.2024 till the date of its realization."

3. The petitioner was in service of the respondent­

Himachal Pradesh Tourism Development Corporation Ltd.

Whether reporters of Local Papers may be allowed to see the judgment? Yes ­2­

and retired as Assistant Manager on 31.03.2024 from

HPTDC, Himachal Bhawan New Delhi after rendering about

40 years of regular service. It is the case of the petitioner that

the amount of gratuity of Rs. 17,05,908/­ and leave

encashment of Rs.7,82,560/­ have been sanctioned by the

respondents, vide offices order dated 30.09.2024 (Annexure

P­1 & P­2). The grievance of the petitioner is that despite the

aforesaid gratuity and leave encashment being sanctioned,

the same have not been released. It is, however, submitted

that an amount of Rs.1,00,000/­ has been disbursed to the

petitioner by the respondents on account of retiral benefits,

i.e. gratuity.

4. In the facts and circumstances of the case, this

writ petition is disposed of by directing the respondents to

release the admissible retiral benefits along with statutory

interest to the petitioner 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.

­3­

The writ petition stands disposed of in the above

terms, so also the pending miscellaneous application(s), if

any.

Jyotsna Rewal Dua 27 May, 2025 th Judge (rohit)