Tripta Devi Vs Hrtc and Another — Himachal Pradesh HC (2026) — LawSathi Research

Tripta Devi Vs Hrtc and Another — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents-HRTC to pay the petitioner's remaining retiral benefits at the actual rate of interest as per applicable rules within six months; if delayed beyond six months, payment to carry interest at 9% per annum till the date of actual payment; pending miscellaneous application(s), if any, stand disposed of.

¶judgment para 5

Issue for consideration

Whether the respondents (HRTC & Anr.) should be directed to pay the petitioner, a retiree from HRTC service, her remaining retiral benefits together with interest for the delay on the respondents' part.

¶body, unnumbered opening (preceding judgment para 2)

Court's answer

In view of the precedents recounted above, the writ petition is disposed of with a direction to the respondents-HRTC to pay the petitioner's remaining retiral benefits at the actual rate of interest as per applicable rules, payment to be made within six months.

¶judgment para 5

Ratio / Principle

If the due payment is delayed beyond six months, it shall be paid with interest at the rate of 9% per annum till the date of its actual payment.

¶judgment para 5

Detailed headnote1 paragraphs

High Court of Himachal Pradesh (Justice Jyotsna Rewal Dua), CWP No. 10661/2026, decided 09.07.2026: Writ petition by Tripta Devi, a retiree from the service of respondents-Himachal Road Transport Corporation (HRTC), praying for payment of remaining retiral benefits with interest for the delay, disposed of with a direction to HRTC to pay the remaining retiral benefits at the actual rate of interest as per applicable rules within six months; if payment is delayed beyond six months, interest at 9% per annum applies till the date of actual payment; pending miscellaneous application(s) disposed of. The direction follows the Division Bench judgment in CWP No. 3050 of 2014 (Nek Ram v. State of Himachal Pradesh, 17.07.2014), the order dated 25.08.2021 in CWP No. 4377 of 2021 (Sh. Subhash Chand v. HRTC), the order in CWP No. 6034 of 2021 (Ram Lal v. HPTDC, 23.11.2021), and the clarification in Review Petition No. 110 of 2021 that entire retiral dues (gratuity, arrears of pension, leave encashment) be paid with prescribed interest within six months.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 10661/2026 Decided on: 09.07.2026

Tripta Devi …Petitioner

Versus HRTC & Anr. .…Respondents

.……………………………………………………………………………. Coram

Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?¹

For the petitioners: Mr. Ashok Kumar, Advocate.

For the respondents: Mr. Raman Jamalta, Advocate.

Jyotsna Rewal Dua , J

This writ petition has been filed by the petitioner, 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 the remaining retiral benefits to the petitioner along with interest for the delay on part of the respondents.

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

1 Whether reporters of the local papers may be allowed to see the judgment?

2

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 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.

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 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.

4 . 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

3

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.

In view of above, the writ petition is disposed of with a direction to the respondents to pay the amount of remaining retiral benefits to the petitioner with actual rate of interest as per applicable 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 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.

Jyotsna Rewal Dua Judge

09^th July, 2026 (rohit)

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioner, retired from the service of the respondents-Himachal Road Transport Corporation (HRTC), filed this writ petition praying that the respondents be directed to pay her remaining retiral benefits along with interest for the delay on their part.¶body, unnumbered opening (preceding judgment para 2)
Prior proceeding
Counsel placed reliance on a Division Bench judgment of this Court in CWP No. 3050 of 2014 (Nek Ram versus State of Himachal Pradesh and others), decided on 17.07.2014.¶judgment para 2
Prior proceeding
Counsel also relied on a subsequent order of this Court dated 25.08.2021 passed in CWP No. 4377 of 2021 (Sh. Subhash Chand versus The Himachal Road Transport Corporation, Shimla and others) alongwith connected matters.¶judgment para 2
Prior proceeding
Terms of the order dated 25.08.2021 in CWP No. 4377 of 2021: retiral benefits were directed to be paid within six months; on default, in addition to the due statutory benefits, interest at 9% per annum beyond the six-month period till the date of actual payment.¶judgment para 2
Prior proceeding
Terms of the order in CWP No. 6034 of 2021 (decided 23.11.2021): respondents directed to make payment of gratuity within six months; in the event of non-payment, petitioners held entitled to differential interest between the statutorily payable interest as per the Payment of Gratuity Act and 9% per annum for the delay beyond six months.¶judgment para 3
Prior proceeding
Review Petition No. 110 of 2021, preferred against the order dated 09.11.2021 passed in CWP No. 6928 of 2021 (which had relied upon the order dated 25.08.2021 in CWP No. 4377 of 2021), was disposed of on 25.11.2021.¶judgment para 4
Prior proceeding
In disposing of Review Petition No. 110 of 2021, this Court clarified that the respondent-Corporation is liable to pay the entire retiral dues of the petitioner, including gratuity, arrears of pension and leave encashment, alongwith prescribed rate of interest, within six months from the due date till actual payment.¶judgment para 4