The court held that the respondent corporation delayed releasing monetary benefits under the ACPS Scheme and ordered the payment of interest on the arrears.
Respondent directed to pay interest @ 5% per annum on delayed ACPS benefits, escalatable to 9% if not paid within four weeks.
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
CWP No.4390 of 2023
Decided on: 14th September, 2023 _________________________________________________________________ Keshav Ram ....Petitioner Versus Regional Manager, HRTC … Respondent ________________________________________________________________ Coram_ Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Guna Nand Verma, Advocate. For the respondent: Ms. Reeta Thakur, Advocate. ____________________________________________________________
Jyotsna Rewal Dua, Judge
Heard learned counsel for the parties and also considered the case file as well as instructions placed on record by learned counsel for the respondent.
2. The petitioner’s case is that monetary benefits due to him under 4-9-14, Assured Career Progression Scheme (ACPS), were released by the respondent after much delay, hence, he is entitled to interest on the principal amount from the due date, till the date of payment. In support of this
prayer, reliance was placed upon (2014)8 SCC 894 (D)
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
Tewari (dead) through Legal Representatives Versus Utter Haryana Bijli Vitran, Nigam Limited and others) ,
wherein direction was issued to pay withheld gratuity amount alongwith interest @ 9% per annum on the delayed payment from the date of entitlement till the date of actual payment.
3. Learned counsel for the respondent-Corporation does not dispute the fact that due and admissible financial benefits to the petitioner under the applicable ACPS Scheme, were not released in time and that the payment to the petitioner was delayed at the end of the respondentCorporation.
4. In view of aforesaid facts and the settled legal position, respondent is directed to pay interest @ 5% per annum on the delayed payment of arrears to the petitioner under the ACPS Scheme from the date of his entitlement till the date of actual payment of interest, within four weeks from today. It is made clear that in case payment is not made within the aforesaid period, then the payable interest shall be @ 9% per annum.
The writ petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any.
Jyotsna Rewal Dua
Judge
September 14, 2023
R.Atal
2 issues framed by the court
Whether interest is payable on delayed payment of benefits under the Assured Career Progression Scheme?
What rate of interest should be awarded for the delayed payment?
Colour shows how this judgement treated each authority
Tewari (dead) through Legal Representatives Versus Utter Haryana Bijli Vitran, Nigam Limited and othersRelied on¶7
(2014)8 SCC 894 (D) Tewari (dead) through Legal Representatives Versus Utter Haryana Bijli Vitran, Nigam Limited and others
1 provisions across 1 enactments
Keshav Ram
Regional Manager, HRTC
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
