CWP/10324/2023 on 31 December 2024

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.10324 of 2023

Decided on: 31st December, 2024 ------------------------------------------------------------------------------------- Kewal Ram

…..Petitioner

Versus

H.P. Tourism Development Corporation Ltd. .....Respondent -------------------------------------------------------------------------------------

Coram

Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Om Parkash Goel, Advocate.

For the Respondent: Ms. Shilpa Sood, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

Even though reply has not been filed by the respondent, however, with the consent of learned counsel for the parties, the matter is heard at this stage.

2. Learned counsel for the petitioner submits that during pendency of the writ petition, the respondents have released all retiral benefits to the petitioner, however, the interest on delayed payment has not been paid. He further submits that the surviving grievance of the petitioner as raised in the petition has already been adjudicated in Tulsi Ram vs. The Himachal Pradesh Tourism Development 1Whether reporters of print and electronic media may be allowed to see the order? Yes.

Corporation Ltd. & Ors.2 Learned counsel further submitted that the petitioner would be content in case respondent is directed to examine his case in light of the aforesaid judgment within a fixed time schedule.

3. Learned counsel for the respondent does not dispute the fact that similar issue as raised in the present petition, has been adjudicated in Tulsi Ram’s2 case. She further submitted that, however, the facts of the instant case are required to be verified by the Corporation as also the fact that as to whether the aforesaid judgment has attained finality or not.

4. In view of above submissions, this writ petition is disposed of with a direction to the respondent to consider the case of the petitioner for grant of interest on delayed payment of retiral benefits and verify the facts of the instant case vis-à-vis the decision rendered in Tulsi Ram’s2 case, within a period of two months from today. In case the petitioner is found to be situated similar to the petitioners in the aforesaid case, then same benefit, as has been given to the petitioners in Tulsi Ram’s2 case, shall be granted to the petitioner in the instant case. The decision so arrived at, be also communicated to the petitioner.

2 CWP No.4427 of 2023, decided alongwith connected matters on 11.01.2024

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

Jyotsna Rewal Dua December 31, 2024

Judge Mukesh