Allowed

Punjab Singh v. Hrtc and Anr.

Himachal Pradesh HC9 Mar 2022CWP/938/2022

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh, in a writ petition, directed the Himachal Pradesh Road Transport Corporation to release arrears of enhanced dearness relief and interim relief to the petitioner within six months, along with interest at applicable rates, and to continue dearness relief in the future.

What did the court decide?

Respondents directed to pay arrears of enhanced dearness relief and interim relief with interest within six months; continue dearness relief.

Punjab Singh 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 9^th DAY OF MARCH, 2022

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BEFORE

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HON’BLE MR. JUSTICE MOHAMMAD RAFIQ,

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CHIEF JUSTICE

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HON’BLE MS. JUSTICE JYOTSNA REWAL DUA

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CIVIL WRIT PETITION No.938 of 2022

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Between:-

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PUNJAB SINGH, S/O SH. TARA CHAND, R/O VILLAGE UPPER ARNIALA, POST OFFICE KOTLA KALAN, TEHSIL UNA, DISTRICT UNA, H.P.

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…...PETITIONER

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(BY MS. ABHILASHA KAUNDAL, ADVOCATE VICE MR. SANJEEV KUMAR SURI, ADVOCATE) 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.

…...RESPONDENTS

CWP No.938 of 2022

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Punjab Singh Versus Himachal Pradesh Road Transport Corporation and another

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(BY MR. AJEET SINGH SAKLANI, ADVOCATE)

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This petition coming on for admission this day, Hon’ble 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 Punjab Singh, who had retired from the service of the respondents–Himachal Road Transport Corporation (HRTC), with the prayer that the respondents may be directed to release arrear of enhanced dearness relief and interim relief alongwith interest at the rate of 9% per annum with effect from the year 2016 and not to stop the dearness relief in future.

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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

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Punjab Singh Versus Himachal Pradesh Road Transport Corporation and another

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CWP No.938 of 2022

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Transport Corporation, Shimla and others alongwith connected matters , in which, the respondents were directed to pay the retiral benefits to the petitioner within a period of six months. In case, the required retiral benefits are not paid to the petitioner, within the aforesaid period of six months, then in addition to the due statutory benefits, the petitioner 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 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 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

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CWP No.938 of 2022

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Punjab Singh Versus Himachal Pradesh Road Transport Corporation and another

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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 release arrear of enhanced dearness relief and interim relief to the petitioner with actual rate of interest as per applicable Rules, till the time of actual payment, which shall be paid to him within a period of six months from today and pay the dearness relief, as per

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CWP No.938 of 2022

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Punjab Singh Versus Himachal Pradesh Road Transport Corporation and another

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law, in future. 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.

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