The High Court of Himachal Pradesh disposed of a writ petition regarding pension, gratuity, and leave encashment. Relying on a previous connected order, the Court directed respondents to pay retiral benefits within six months with applicable interest.
Direction to pay entire due retiral benefits within six months hence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 7th DAY OF DECEMBER 2021
BEFORE
HON’BLE MS. JUSTICE SABINA
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 6854 of 2021
Between:-
REENA SHARMA
WIFE OF LATE SH. VINOD KUMAR SHARMA, (RETD. SUB INSPECTOR) R/O WARD No.6 SHIV MANDIR, TEHSIL DEHRA GOPIPUR, DISTRICT KANGRA, H.P.
…..PETITIONER
(BY SH. H.R. BHARDWAJ, ADVOCATE)
1. HRTC THROUGH ITS MANAGING DIRECTOR, SHIMLA-3.
2. THE REGIONAL MANAGER,
3. THE FINANCIAL ADVISOR & CAO, HIMACHAL ROAD TRANSPORT CORPORATION,
HEAD OFFICE, SHIMLA-3.
(BY SH. V.B. VERMA, ADVOCATE)
This petition coming on for admission this day,
Hon’ble Ms. Justice Sabina, passed the following:
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O R D E R
Petitioner has filed this writ petition mainly with the
following relief(s):
(ii) That the directors may kindly be issued to the respondent Corporation to pay the interest @ 18% per annum on the amount of GPF with effect from 31.03.2018 till the date of its realization”
“5. We are, therefore, persuaded to dispose of these writ petitions with a direction to the respondents to pay the petitioners the gratuity with actual rate of interest as per applicable rules, till the time of actual payment. Apart from that, the respondents shall also pay to the petitioners the due statutory benefits, other retiral benefits and amount of leave encashment alongwith applicable interest, all of which, shall be paid to them within a period of six months from today. The due
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amount of payment, if delayed beyond six months, it shall be paid with interest at the rate of 9% per annum till the date of its actual payment.”
( Sabina ) Judge
( Jyotsna Rewal Dua ) Judge 7th December, 2021(Rohit)
2 issues framed by the court
Whether the present petition should be disposed of relying on the directions given in an earlier connected writ petition.
Whether the respondents are directed to pay retiral benefits within six months.
Colour shows how this judgement treated each authority
Moti Lal Sharma versus Himachal Road Transport Corporation and anotherApplied¶2
CWP No.4321 of 2021, Moti Lal Sharma versus Himachal Road Transport Corporation and another
1 provisions across 1 enactments
Reena Sharma
HRTC through its Managing Director
Sabina
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
