Allowed

Chhotu Ram v. Hrtc and Anr.

Himachal Pradesh HC8 Mar 2022CWP/915/2022

Case brief

AI extract

What is this about?

The Court directed the respondents, HRTC and its Financial Advisor, to pay the petitioner's enhanced dearness relief and arrears within six months. Interest at 9% per annum must be paid for any delay beyond this period, following precedents on pension and gratuity dues.

What did the court decide?

Direction to respondents to pay enhanced dearness relief and arrears within six months; 9% interest on delayed payment.

Chhotu Ram Vs Hrtc and Anr. — Pension and Retirement Benefits | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 08 DAY OF MARCH 2022

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BEFORE

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HON’BLE MR. JUSTICE MOHAMMAD RAFIQ CHIEF JUSTICE

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HON’BLE MS. JUSTICE JYOTSNA REWAL DUA

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CIVIL WRIT PETITION No. 915 of 2022

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Between:-

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CHHOTU RAM S/O SH. RAM DITTA, R/O WARD NO. 5, VILLAGE AND POST OFFICE POLLIAN BEET, TEHSIL HAROLI, DISTRICT UNA, H.P.

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......PETITIONER

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(BY SH. SANJEEV KUMARI SURI, ADVOCATE)

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AND

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1. HIMACHAL PRADESH ROAD TRANSPORT CORPORATION THROUGH MANAGING DIRECTOR, SHIMLA, H.P.

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2. FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, HRTC, SHIMLA-3, H.P.

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…..RESPONDENTS

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(BY SH. AJEET S. SAKLANI, ADVOCATE)

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_______________________________________________________

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This petition coming on for admission this day, Hon’ble

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Mr. Justice Mohammad Rafiq , passed the following:

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O R D E R

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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.

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

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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

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and the connected matter, decided on 23.11.2021, the respondents 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.

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

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We are, therefore, persuaded to dispose of this writ petition with a direction to the respondents to pay due enhanced dearness relief, alongwith arrears, to the petitioner, as per applicable rules, within a period of six months from today. The due amount of payment, if delayed beyond six months, shall be paid with interest to

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the rate of 9% per annum till the date of its actual payment. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

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( Mohammad Rafiq ) Chief Justice

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( Jyotsna Rewal Dua ) Judge

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08^th March, 2022( vs/rohit)

Chhotu Ram v. Hrtc and Anr.

Case brief

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Chhotu Ram v. Hrtc and Anr.

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