Disposed

Amar Chand v. Hrtc and Ors.

Himachal Pradesh HC9 Dec 2021CWP/7654/2021

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh disposed of this civil writ petition relying on a connected decision (Moti Lal Sharma v. HRTC) by directing the respondents to pay the petitioner gratuity, leave encashment, and statutory retirement benefits with applicable interest within six months.

What did the court decide?

Direction to respondents to pay entire due retirement benefits (gratuity, leave encashment, GPF, pension interest) within six months; 9% interest if delayed.

Amar Chand Vs Hrtc and Ors. — 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 9^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

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CIVIL WRIT PETITION No.7654 of 2021

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Between:-

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AMAR CHAND, SON OF SHRI MAJHARU RAM (RETD. FITTER), RESIDENT OF VILLAGE & POST OFFICE CHALAHARG, TEHSIL JOGINDER NAGAR, DISTRICT MANDI, H.P. AGED 59 YEARS.

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….PETITIONER

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(BY H.S. RANGRA, ADVOCATE)

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AND

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1. HIMACHAL ROAD TRANSPORT CORPORATION, THROUGH ITS MANAGING DIRECTOR, SHIMLA.

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2. REGIONAL MANAGER, HIMACHAL ROAD TRANSPORT CORPORATION, DISTRICT, MANDI, H.P.

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3. THE FINANCIAL ADVISOR-CUMCAO, HRTC, HEAD OFFICE SHIMLA-3, H.P.

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….RESPONDENTS

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(MS. SHUBH MAHAJAN, ADVOCATE)

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______________________________________________________

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This Civil Writ 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

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following relief:

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“i) That the direction may kindly be issued to the respondents corporation to pay the amount of gratuity (DCRG), and leave encashment along with interest @ 18% per annum to the petitioner with effect from due date 1.11.2020 i.e. till the date of its realization.

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ii) That the direction may kindly be issued to the respondents corporation to pay interest @ 18% per annum on the amount of GPF, commuted value of pension amount with effect from 1.11.2020 to the date of its realization.”

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After hearing learned counsel for the parties, we are

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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

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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 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

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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

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direction to 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.

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Pending miscellaneous application(s), if any, shall

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also stand disposed of.

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(Sabina) Judge

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( Jyotsna Rewal Dua ) December 09, 2021 Judge

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(Yashwant)

Amar Chand v. Hrtc and Ors.

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Amar Chand v. Hrtc and Ors.

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