Disposed

Rajani v. Hrtc and Ors.

Himachal Pradesh HC9 Mar 2022CWP/954/2022

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition filed by a retired HRTC employee seeking GPF, gratuity, leave encashment, and pension commutation. The Court directed payment of dues with applicable interest within six months, specifying 9% annual interest for delayed payment.

What did the court decide?

Direction to pay GPF, gratuity, leave encashment, and pension commutation within six months with applicable interest; 9% annual interest on delayed payment.

Rajani Vs Hrtc and Ors. — 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.954 of 2022

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Between:-

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SMT. RAJANI, W/O LATE SHRI CHUNI LAL (RETD. STORE HELPER), R/O VILLAGE PARGANU, P.O. & TEHSIL BHUNTAR, DISTRICT KULLU, H.P. AGED 59 YEARS.

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…...PETITIONER

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(BY MR. H.S. RANGRA, ADVOCATE) 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 KULLU, H.P.

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3. THE FINANCIAL ADVISOR-CUM-CAO, HRTC HEAD OFFICE, SHIMLA-3.

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…...RESPONDENTS

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Smt. Rajani Versus Himachal Road Transport Corporation and others

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CWP No.954 of 2022

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(BY MS. SHUBH MAHAJAN, 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 Rajani, who had retired from the service of the respondents–Himachal Road Transport Corporation (HRTC), with the prayer that the respondents may be directed to pay to the petitioner the amount of GPF, gratuity (DCRG) and leave encashment alongwith interest at the rate of 18% per annum and also to pay interest at the rate of 18% per annum on the commutation of monthly pension amount with effect from due date, till realization.

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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

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Smt. Rajani Versus Himachal Road Transport Corporation and others

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CWP No.954 of 2022

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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 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

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Smt. Rajani Versus Himachal Road Transport Corporation and others

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CWP No.954 of 2022

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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.

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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 to the petitioner the amount of GPF, gratuity (DCRG) and leave encashment with actual rate of interest as per applicable

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Smt. Rajani Versus Himachal Road Transport Corporation and others

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CWP No.954 of 2022

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Rules, till the time of actual payment, which shall be paid to her 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

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payment.

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