The Single Judge disposed of four writ petitions filed by retired HRTC employees seeking payment of retiral benefits. Relying on precedent, the Court directed respondents to pay dues with interest within six months.
Direct payment of remaining retiral benefits with relevant interest to be paid within six months; 9% p.a. upon delay.
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, SHIMLA CWP No.15968 of 2026 alongwith connected matters
| Decided on: 15 --------------------------------------------------------- |
thSeptember, 2026 ---------------------------- |
|---|---|
| 1. CWP No.15968 of 2026 | |
| Gian Chand and others | …..Petitioners |
| Versus | |
| Himachal Road Transport Corporation and another |
.....Respondents |
| --------------------------------------------------------- 2. CWP No.15970 of 2026 |
---------------------------- |
| Tek Chand | …..Petitioner |
| Versus | |
| Himachal Road Transport Corporation and another |
.....Respondents |
| --------------------------------------------------------- 3. CWP No.15991 of 2026 |
---------------------------- |
| Yashwant Singh | …..Petitioner |
| Versus | |
| Himachal Road Transport Corporation and another |
.....Respondents |
| --------------------------------------------------------- 4. CWP No.15996 of 2026 |
--------------------------- |
| Subhash Kumar | …..Petitioner |
| Versus | |
| Himachal Road Transport Corporation and others --------------------------------------------------------- |
.....Respondents ---------------------------- |
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Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?1
For the Petitioners: Mr. Rakesh Kumar and Mr. Ashok Kumar, Advocates, in CWP Nos.15968 & 15970 of 2026.
Mr. Arun Mehta, Advocate, in CWP No.15991 of 2026.
Mr. Hitesh Khajuria, Advocate, in CWP No.15996 of 2026.
For the Respondents: Mr. Virender Singh Kanwar, Advocate, in CWP Nos.15968 & 15970 of 2026.
Ms. Shrutika Chauhan, Advocate, in CWP No.15991 of 2026.
Mr. Abhishek Thakur, Advocate, in CWP No.15996 of 2026.
Jyotsna Rewal Dua, Judge
Notice. Mr. Virender Singh Kanwar, Ms. Shrutika Chauhan and Mr. Abhishek Thakur, learned counsel, appear and waive service of notice on behalf of the respondents in the respective petitions.
2. These writ petitions have been filed by the petitioners, 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
1 Whether reporters of print and electronic media may be allowed to see the order? Yes.
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the amount of retiral benefits alongwith interest for the delay on part of the respondents.
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
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.
4. 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
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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.
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 therein 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, these writ petitions are disposed of with a direction to the respondents to pay the amount of remaining retiral benefits to the petitioners with actual rate of interest as per applicable rules till the time of actual payment, which shall be paid to them within a
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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 payment. Pending miscellaneous application(s), if any, shall also stand disposed of.
September 15, 2026 Mukesh
Jyotsna Rewal Dua Judge
1 issue framed by the court
Whether retired HRTC employees are entitled to remaining retiral benefits with interest.
Colour shows how this judgement treated each authority
Nek Ram versus State of Himachal Pradesh and othersRelied on¶19
CWP No.3050 of 2014
Ram Lal versus The Himachal Pradesh Tourism Development Corporation Ltd. and another and the connected matterRelied on¶22
CWP No.6034 of 2021
Review Petition No.110 of 2021Relied on¶25
CWP No.6928 of 2021Relied on¶25
1 provisions across 1 enactments
Gian Chand and others
Tek Chand
Yashwant Singh
Subhash Kumar
Himachal Road Transport Corporation
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
