Disposed

Piare Lal v. Hrtc and Anr.

Himachal Pradesh HC8 Dec 2021CWP/7065/2021

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh disposed of a writ petition filed by a retired Sub-Inspector. Relying on a connected matter decided on 29.11.2021, the court directed the respondents to pay entire due retirement benefits within six months along with applicable interest.

What did the court decide?

Respondents directed to pay entire due retirement benefits within six months with applicable interest as per connected order dated 29.11.2021.

Piare Lal Vs Hrtc and Anr. — Pension and Retirement Benefits | Himachal Pradesh HC (2021)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 8^th DAY OF DECEMBER, 2021

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BEFORE

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HON’BLE MS. JUSTICE SABINA

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HON’BLE MS. JUSTICE JYOTSNA REWAL DUA CIVIL WRIT PETITION No.7065 of 2021

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Between:-

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PIARE LAL SON OF LATE SH. TULA RAM RESIDENT OF HOUSE NO.450/4 UPPER SULFEFIR, KULLU (RETIRED AS SUB-INSPECTOR FROM KULLU REGION.) (BY MR. HAMENDER SINGH CHANDEL, ADVOCATE) AND

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…. PETITIONER

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1. HIMACHAL PRADESH ROAD TRANSPORT CORPORATION, THROUGH ITS MANAGING DIRECTOR, SHIMLA 2. REGIONAL MANAGER, HRTC, UNIT KULLU, DISTRICT MANDI, H.P.

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….RESPONDENTS

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(BY MR. VIR BAHADUR VERMA, ADVOCATE)

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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

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Petitioner has filed this writ petition mainly with the following relief:

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“a) That the acts of commission and omission whereby the petitioner has been denied the payment of DCRG, and in the interest on delayed payment of leave encashment, may be held illegal.

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b) That the petitioner may be held entitled to interest on the amount of DCRG which has not been paid till date and the petitioner may be held entitled for interest on the delayed payment of leave encashment in terms of Nek Ram’s judgment.”

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After hearing learned counsel for the parties, we are of the opinion that this petition is liable to be disposed of in terms of the decision given in CWP No.4321 of 2021 , titled Moti Lal Sharma versus Himachal Road Transport Corporation and another and connected matter, decided on 29.11.2021. The operative part of the said order reads as under:-

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“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

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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 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.”

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Accordingly, this petition is disposed of with a direction to

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the respondents to pay the entire due retiral benefits to the petitioner strictly in terms of the directions given in the aforesaid order dated 29.11.2021, passed in CWP No.4321 of 2021, within a period of six months from today. Pending miscellaneous application(s), if any, shall also stand disposed of.

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(Sabina) Judge

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(Jyotsna Rewal Dua) December 08, 2021(ps) Judge

Piare Lal v. Hrtc and Anr.

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Piare Lal v. Hrtc and Anr.

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