The High Court of Himachal Pradesh disposed of the writ petition seeking gratuity, leave encashment, and pensionary benefits. The court cited a connected matter and directed the payment of retiral benefits within six months.
Direction to respondents to pay entire due retiral benefits to the petitioner within six months.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 3rd DAY OF DECEMBER, 2021
BEFORE
HON’BLE MS. JUSTICE SABINA
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA CIVIL WRIT PETITION No.7629 of 2021
Between:-
SHRI BIHARI LAL, SON OF LATE SHRI KEWAL RAM, RESIDENT OF VILLAGE NURI, POST OFFICE, NAGJUBBER, TEHSIL THEOG, DISTRICT SHIMLAH.P. ..….PETITIONER
(BY MR. VARUN THAKUR, ADVOCATE) AND
1. THE HIMACHAL ROAD TRANSPORT CORPORATION, SHIMLA-171003 (H.P.) THROUGH ITS MANAGING DIRECTOR.
2. THE FINANCIAL ADVISER-CUM-CHIEF ACCOUNTS OFFICER, HIMACHAL ROAD TRANSPORT CORPORATION, HEAD OFFICE, SHIMLA-171003 (H.P.)
3. THE DY. DIVISIONAL MANAGER, HIMACHAL ROAD TRANSPORT CORPORATION, SHIMLA REG.111, DISTRICT SHIMLA (H.P.) …...RESPONDENTS
(BY MR. SHYAM SINGH CHAUHAN, ADVOCATE )
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This Civil Writ Petition coming on for admission this day, Hon’ble
Ms. Justice Sabina, passed the following:
O R D E R
Petitioner has filed this writ petition mainly with the following
reliefs:-
c) That the respondents may be directed to recalculate all the pensionary/retiral benefits of the petitioner on the Dearness Allowance as was admissible at the time of retirement of the petitioner and the amount so calculated may be ordered to be released to him alongwith interest @ 9% p.a. from the Due Date (01-07-2016) till the date of realization of whole amount.
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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 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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Pending miscellaneous application(s), if any, shall also stand disposed of.
( Sabina ) Judge
( Jyotsna Rewal Dua) Judge
December 3, 2021 (ks)
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2 issues framed by the court
Whether the writ petition for payment of gratuity, leave encashment, and pensionary benefits with interest is liable to be decided in light of a connected matter.
Whether to dispose of the petition relying on the decision in CWP No.4321 of 2021.
Colour shows how this judgement treated each authority
Sh. Nek Ram Vs. State of H.P. & OthersAffirmed¶21
CWP No.3050 of 2014
Moti Lal Sharma versus Himachal Road Transport Corporation and anotherApplied¶26
CWP No.4321 of 2021
Bihari Lal
Himachal Road Transport Corporation
Sabina
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
