Disposed

Pawan Kumar v. Hrtc and Others

Himachal Pradesh HC9 Mar 2022CWP/597/2022

Case brief

AI extract

What is this about?

Hon'ble High Court of Himachal Pradesh disposed of CWP No.597 of 2021 directed respondents HRTC to pay petitioner Pawan Kumar retirement benefits, gratuity, leave encashment, and interest within six months, with an additional 9% interest for delay.

What did the court decide?

Direction to pay gratuity, retirement benefits, arrears of pension, leave encashment, and interest within six months; 9% interest per annum for delay.

Pawan Kumar Vs Hrtc and Others — Pension and Retirement Benefits | Himachal Pradesh HC (2022)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 9^th DAY OF MARCH, 2022

¶2

BEFORE

¶3

HON’BLE MR. JUSTICE MOHAMMAD RAFIQ, CHIEF JUSTICE

¶4

¶5

HON’BLE MS. JUSTICE JYOTSNA REWAL DUA

¶6

CIVIL WRIT PETITION No.597 of 2022

¶7

Between:-

¶8

PAWAN KUMAR S/O SH. KISHAN CHAND, AGED 59 YEARS, R/O VPO OEL, TEHSIL GHANARI, DISTRICT UNA, HIMACHAL PRADESH, RETIRED AS INSPECTOR FROM HIMACHAL ROAD TRANSPORT CORPORATION DEPOT PARWANOO

¶9

…...PETITIONER

¶10

(BY MR. ONKAR JAIRATH AND MR. M.A. SAFEE, ADVOCATES)

¶11

AND

¶12

1. HIMACHAL PRADESH ROAD TRANSPORT CORPORATION THROUGH ITS MANAGING DIRECTOR, OLD BUS STAND, SHIMLA-171001, H.P.

¶13

2. THE DIVISIONAL MANAGER, HRTC DIVISION SHIMLA, DISTRICT SHIMLA, HIMACHAL PRADESH

¶14

3. THE REGIONAL MANAGER, HRTC PARWANOO, DISTRICT SOLAN, HIMACHAL PRADESH

¶15

- 2 -

¶16

4. THE FINANCIAL ADVISOR AND CAO, HIMACHAL PRADESH ROAD TRANSPORT CORPORATION, SHIMLA-171003 (H.P.)

¶17

…...RESPONDENTS

¶18

(BY MR. VIKAS RAJPUT, ADVOCATE)

¶19

This petition coming on for admission this day, Hon’ble Mr. Justice Mohammad Rafiq, passed the following:

¶20

O R D E R

¶21

This writ petition has been filed by petitioner-Pawan Kumar, who had retired from the service of the respondents– Himachal Road Transport Corporation (HRTC) on 30.09.2020, with the prayer that the respondents may be directed to pay all his remaining retiral benefits alongwith interest for the delay on the part of the respondents.

¶22

2. Reliance has been placed on the judgment passed by a Division Bench of this Court in CWP No.3050 of 2014 , titled Nek

¶23

Ram versus State of Himachal Pradesh and others , decided on 17.07.2014 and also on a subsequent order of this Court dated 25.08.2021, passed in CWP No.4377 of 2021 , titled Sh. Subhash

¶24

Chand versus The Himachal Road Transport Corporation, Shimla and others alongwith connected matters , in which, the respondents were directed to pay the retiral benefits to the petitioners within a period of six months. In case, the required retiral

¶25

- 3 -

¶26

benefits are not paid to the petitioners within the aforesaid period of six months, then in addition to the due statutory benefits, the petitioners shall also be paid interest at the rate of 9% per annum beyond the period of six months till the date of actual payment.

¶27

3. In another subsequent order of this Court passed in CWP No.6034 of 2021 , titled Ram Lal versus The Himachal Pradesh Tourism Development Corporation Ltd. and another and the connected matter , decided on 23.11.2021, the respondents were directed to make payment of gratuity to the petitioners within a period of six months from the date of passing the order. In the event of non-payment of due amount, the petitioners were held entitled to differential amount of interest between the amount of interest statutorily payable to the petitioners as per the Payment of Gratuity Act and the interest at the rate of 9% per annum for the period of delay beyond six months.

¶28

4. While disposing of Review Petition No.110 of 2021 on 25.11.2021, preferred against the order dated 09.11.2021 passed in CWP No.6928 of 2021, in which, the aforesaid order dated 25.08.2021 passed in CWP No.4377 of 2021 was relied upon, this Court has clarified the aforesaid order in the terms that the respondent-Corporation shall be liable to pay entire retiral dues of the petitioner, including gratuity, arrears of pension and leave

¶29

- 4 -

¶30

encashment alongwith prescribed rate of interest, within a period of six months from the due date till the actual payment is made.

¶31

5. We are, therefore, persuaded to dispose of this writ petition with a direction to the respondents to pay gratuity to the petitioner 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 petitioner the due statutory benefits, other retiral benefits and amount of leave encashment alongwith applicable interest, all of which, shall be paid to him, within a period of six months from today. The due amount of payment, if delayed beyond six months, shall be paid with interest at the rate of 9% per annum till the date of its actual payment.

¶32

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

¶33

( Mohammad Rafiq ) Chief Justice

¶34

( Jyotsna Rewal Dua ) Judge

¶35

March 09, 2022 R.Atal/Mukesh

Pawan Kumar v. Hrtc and Others

Case brief

What is this about?

What did the court decide?

Pawan Kumar v. Hrtc and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Babu Ram Vs the Himachal Pradesh Tourism Development Corporation Ltd. and Anr.

Chhotu Ram Vs Hrtc and Anr.

Sheetal Singh Vs Hrtc and Anr.

Rajani Vs Hrtc and Ors.

Saksham Vs State of Hp and Ors.

Punjab Singh Vs Hrtc and Anr.