The High Court directed the Himachal Pradesh Tourism Development Corporation to pay the petitioner's sanctioned gratuity within six months. The court ruled the petitioner is entitled to differential interest for the delay period exceeding six months.
Payment of gratuity within six months and differential interest for delay beyond six months.
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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. 7267 of 2021
Between:-
SH. GANPAT RAM S/O OF LATE SH. CHET RAM, R/O VILLAGE SHEGLINAL POST OFFICE JASSAL, TEHSIL KARSOG, DISTRICT MANDI, H.P. HIMACHAL PRADESH
…..PETITIONER
(BY SH. DEVENDER SHARMA, ADVOCATE ON BEHALF OF SH. CHANDRANARAYAN SINGH)
AND
1. THE MANAGING DIRECTOR,
2. THE DEPUTY GENERAL MANAGER, HOTEL HOLIDAY HOME, SHIMLA, HIMACAL PRADESH.
3. THE ACCOUNTS OFFICER, HPTDC, HEAD OFFICE, SHIMLA, HIMACHAL PRADESH.
.....RESPONDENTS
(BY SH. NARESH KAUL, ADVOCATE)
2
This petition coming on for admission this day,
Hon’ble Ms. Justice Sabina, passed the following:
O R D E R
This petition has been filed by petitioner Ganpat Ram, who retired from services of the Himachal Pradesh Tourism Development Corporation Ltd. on 30.04.2020. According to the petitioner, he was entitled to payment of gratuity to the tune of Rs.03,99,185/- which was sanctioned to him by the respondents vide order dated 28.08.2020.
3
Himachal Pradesh Tourism Development Corporation Ltd. He submitted that so far as the gratuity is concerned, it always carries statutory interest alongwith interest till the time of actual payment and therefore, there is no question of any separate order for payment of interest being passed. Even then, this Court taking into consideration the huge financial difficulty, being faced by the respondent-Corporation granted the period of six months for payment of all other retiral benefits/dues with the stipulation that if the same is not paid within that period, it shall be paid alongwith interest at the rate of 9% per annum beyond the period of six months till actual payment.
4
The writ petition stands disposed of in the above
terms. Pending miscellaneous application(s), if any, also stand disposed of.
( Sabina ) Judge
( Jyotsna Rewal Dua ) Judge
2 issues framed by the court
Whether the respondents were directed to pay gratuity within six months along with interest for the period of delay.
Whether the petitioner is entitled to differential interest between statutory interest and 9% per annum for delay beyond six months.
Colour shows how this judgement treated each authority
Nek Ram vs. State of Himachal Pradesh and othersReferred¶25
CWP No.3050 of 2014
Ram Lal vs. The Himachal Pradesh Tourism Development Corporation Ltd. & anotherReferred¶26
CWP No.6034 of 2021
1 provisions across 1 enactments
Ganpat Ram
The Managing Director, Himachal Pradesh Tourism Development Corporation Ltd.
The Deputy General Manager, Hotel Holiday Home
The Accounts Officer, HPTDC
Sabina
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
