Hon'ble Mr. Justice Mohammad Rafiq disposed of a writ petition filed seeking payment of arrear enhanced dearness relief. The Court directed respondents to pay dues within six months with 9% interest if delayed.
Direct respondents to pay due enhanced dearness relief with arrears within six months; interest at 9% per annum if delayed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 08 DAY OF MARCH 2022
BEFORE
HON’BLE MR. JUSTICE MOHAMMAD RAFIQ CHIEF JUSTICE
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 914 of 2022
Between:-
SHEETAL SINGH S/O SH. BHAGAT SINGH R/O WARD NO. 1, VILLAGE AND POST OFFICE SAMOOR KALAN, TEHSIL UNA, DISTRICT UNA, H.P.
......PETITIONER
(BY SH. SANJEEV KUMARI SURI, ADVOCATE)
AND
1. HIMACHAL PRADESH ROAD TRANSPORT CORPORATION THROUGH MANAGING DIRECTOR, SHIMLA, H.P.
2. FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, HRTC, SHIMLA-3, H.P.
…..RESPONDENTS
(BY SH. AJEET S. SAKLANI, ADVOCATE)
_______________________________________________________
This petition coming on for admission this day, Hon’ble
Mr. Justice Mohammad Rafiq , passed the following:
2
O R D E R
This writ petition has been filed by petitioner, with the prayer that the respondents may be directed to pay the arrear of enhanced dearness relief alongwith interest for the delay on the part of the respondents.
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 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.
3
were directed to make payment of gratuity to the petitioner within a period of six months from the date of passing the order. In the event of non-payment of due amount, the petitioner was held entitled to differential amount of interest between the amount of interest statutorily payable to the petitioner 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.
4
petition stands disposed of in the above terms, so also the pending
miscellaneous application(s), if any.
( Mohammad Rafiq ) Chief Justice
( Jyotsna Rewal Dua ) Judge
08th March, 2022( vs/rohit)
2 issues framed by the court
Whether the respondents are directed to pay enhanced dearness relief arrears along with interest for delay.
Whether interest at 9% per annum is applicable if payment is delayed beyond six months.
Colour shows how this judgement treated each authority
Nek Ram versus State of Himachal Pradesh and othersReferred¶2
CWP No. 3050 of 2014, Nek Ram versus State of Himachal Pradesh and others
Sh. Subhash Chand versus The Himachal Road Transport Corporation, Shimla and othersReferred¶2
CWP No. 4377 of 2021, Sh. Subhash Chand versus The Himachal Road Transport Corporation, Shimla and others
Ram Lal versus The Himachal Pradesh Tourism Development Corporation Ltd. and anotherReferred¶2
CWP No. 6034 of 2021, Ram Lal versus The Himachal Pradesh Tourism Development Corporation Ltd. and another
Review against CWP No.6928 of 2021Referred¶2
Review Petition No.110 of 2021
Sheetal Singh
Himachal Pradesh Road Transport Corporation
Financial Advisor & Chief Accounts Officer, HRTC
Mohammad Rafiq
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
