Disposed¶26

Yagya Dutt v. the Hrtc and Others

Himachal Pradesh HC19 May 2025CWP/4875/2025

Case brief

AI extract

What is this about?

HRTC retiral dues; pension; commuted value of pension; gratuity; leave encashment; Payment of Gratuity Act; interest 9% per annum; payment within six months; Himachal Road Transport Corporation; Yagya Dutt; Nek Ram CWP 3050/2014; Subhash Chand CWP 4377/2021; Ram Lal CWP 6034/2021; Review Petition 110/2021; CWP No.4875 of 2025; Justice Jyotsna Rewal Dua; writ petition disposed.

What did the court decide?

Direction to the respondents (HRTC) to pay the petitioner pension, commuted value of pension, gratuity and leave encashment with interest as per applicable rules within six months; on delay beyond six months, interest at 9% per annum till actual payment; pending miscellaneous applications disposed of. ¶26

Yagya Dutt Vs the Hrtc and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents (HRTC) may be directed to pay the retired petitioner his Pension, Commuted Value of Pension, Gratuity and Leave Encashment alongwith interest for the delay attributable to the respondents.

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Court's answer

The writ petition is disposed of with a direction to the respondents to pay the petitioner pension, commuted value of pension, gratuity and leave encashment with interest at the actual rate as per applicable rules till the time of actual payment, such payment to be made within six months.

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Ratio / Principle

If the due amount is not paid within six months, it shall carry interest at the rate of 9% per annum till the date of its actual payment.

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Detailed headnote1 paragraphs

High Court of Himachal Pradesh (Ms. Justice Jyotsna Rewal Dua) disposed of CWP No.4875 of 2025 filed by Yagya Dutt, a retiree of the Himachal Road Transport Corporation, praying for payment of Pension, Commuted Value of Pension, Gratuity and Leave Encashment alongwith interest for delay. Relying on the Division Bench judgment in Nek Ram (CWP No.3050 of 2014, decided 17.07.2014) and the subsequent orders in Subhash Chand (CWP No.4377 of 2021, order dated 25.08.2021) and Ram Lal (CWP No.6034 of 2021, decided 23.11.2021), and the clarification issued while disposing of Review Petition No.110 of 2021 on 25.11.2021, the Court directed the respondents to pay the retiral benefits with interest at the actual rate as per applicable rules till actual payment, within six months; if delayed beyond six months, the due amount was to carry interest at 9% per annum till the date of actual payment. By CMP-12624 of 2025, allowed and disposed of, the Court recalled its earlier judgment dated 19.05.2025 in the same case.

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.4875 of 2025 Decided on: 4^th June, 2025

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------------------------------------------------------------------------------------- Yagya Dutt. …..Petitioner

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Versus

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Himachal Road Transport Corporation and Ors. .....Respondents ------------------------------------------------------------------------------------Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioner: Mr. M.L. Sharma, Advocate. For the Respondents: Mr. Dheeraj K. Vashisht, Advocate. -----------------------------------------------------------------------------------Jyotsna Rewal Dua, Judge

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CMP-12624 of 2025

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In view of pleadings and submissions made by

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learned counsel for the petitioner, application is allowed and to stand disposed of. Judgment dated 19.05.2025 passed in CWP No.4875 of 2025 is recalled.

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CWP - 4875 of 2025

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Notice. Mr. Dheeraj K. Vashisht, learned

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Standing Counsel, appears and waives service of notice on

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behalf of the respondents.

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1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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2. 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 Pension, Commuted Value of Pension, Gratuity and Leave Encashment alongwith interest for the delay on part of the respondents.

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3. 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

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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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4. In another subsequent order of this Court passed in CWP No.6034 of 2021 , titled Ram Lal versus

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The Himachal Pradesh Tourism Development Corporation Ltd. and another and the connected

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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 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 and the interest at the rate of 9% per annum for the period of delay beyond six months.

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5. 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 respondentCorporation 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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In view of above, this writ petition is disposed of

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with a direction to the respondents to pay the amount of

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pension, commuted value of pension, 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 miscellaneous application(s), if any, shall also stand disposed of.

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Jyotsna Rewal Dua June 04, 2025 Judge Pardeep

Yagya Dutt v. the Hrtc and Others

Case brief

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Yagya Dutt v. the Hrtc and Others

Case brief

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