Kanshi Ram Vs the Hrtc and Others

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.3532 of 2025 Date of decision: 17.03.2025

Kanshi Ram.		...Petitioner.
	Versus
HRTC & Anr.		...Respondents.
Coram:

¶4

Ms. Justice Jyotsna Rewal Dua, Judge . Whether approved for reporting?

¶5

For the petitioner : Mr. Nikhil, Advocate, vice Mr. Mandeep Chandel, Advocate. For the respondents : Mr. Deepak Sharma, Advocate.

¶6

Jyotsna Rewal Dua, Judge

¶7

Notice. Mr. Deepak Sharma, Advocate, appears and waives service of notice on behalf of the respondents.

¶8

This writ petition has been filed by the petitioner, who had retired from the service of the respondent–Himachal Road Transport Corporation (HRTC), with the prayer that the respondents may be directed to pay the amount of Gratuity and Leave Encashment along with interest for the delay on part of the respondents.

¶9

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

¶10

Whether reporters of Local Papers may be allowed to see the judgment? Yes

¶11

-2-

¶12

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 along with 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.

¶13

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 petitioners within a period of six months from the date of passing of the order. In the event of nonpayment of due amount, the petitioners were held entitled to differential amount of interest between the amount of

¶14

-3-

¶15

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.

¶16

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 petitioners, including gratuity, arrears of pension and leave encashment along with prescribed rate of interest, within a period of six months from the due date till the actual payment is made.

¶17

In view of above, this writ petition is disposed of with a direction to the respondents to pay the amount of gratuity and leave encashment 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. The due amount of payment, if delayed beyond six months, shall be paid with interest to the rate of 9% per annum till the date of its actual payment. Pending

¶18

-4-

¶19

miscellaneous application(s), if any, shall also stand disposed

¶20

of.

¶21

17^th March, 2025 (Pardeep)

¶22

Jyotsna Rewal Dua Judge

Kanshi Ram v. the Hrtc and Others

Case brief

What is this about?

What did the court decide?

Kanshi Ram v. the Hrtc and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sushma Devi Vs State of Hp and Another

Brijesh Kumar and Others Vs Himachal Pradesh General Industries Corporation Ltd.

Santokh Singh Vs the Hrtc and Another

Reena Kumari Vs State of Hp and Others

Joginder Pal Vs the State of Hp and Others

Poonam Kumari Vs the State of Hp and Others