Himachal Pradesh High Court
CWP/8983/2022 on 29 December 2022
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.8983 of 2022 Decided on: 29th December, 2022 ____________________________________________________________ Kewal Singh
…..Petitioner
Versus
Himachal Road Transport Corporation and another
…..Respondents _____________________________________________________________
Coram
The Hon’ble Mr. Justice A.A. Sayed, Chief Justice The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge 1 Whether approved for reporting? ______________________________________________________ For the petitioner: Mr. Vijay Kumar, Advocate vice
Mr. Ashok Kumar, Advocate.
For the respondents: Mr. Ajay Kumar Chauhan,
Advocate.
A.A. Sayed, Chief Justice (Oral)
Notice. Mr. Ajay Kumar Chauhan, learned Standing Counsel, waives service of notice on behalf of the respondents.
2. The petitioner has filed this petition seeking the following substantive relief:- “(i) That respondents may kindly be directed to release 9% interest forthwith, for delay on the part of respondent corporation and loss of accretion of capital, from due date till actual payment is made, being a squarely covered matter with CWP
Whether reporters of Local Papers may be allowed to see the judgment?
No.3050/2014, titled as Nek Ram v/s State of H.P. & others. Further, respondents may also be directed to pay interest on the all delayed payments from the due date.”
3. After hearing learned counsel for the parties, we are of the opinion that this petition is liable to be disposed of in terms of the decision given by this Court in CWP No.4321 of 2021 (Moti Lal Sharma Versus Himachal Road Transport Corporation and another and connected matter), decided on 29.11.2021. The operative part of the said order reads as under:- “5. We are, therefore, persuaded to dispose of these writ petitions with a direction to the respondents to pay the petitioners the gratuity with actual rate of interest as per applicable rules, till the time of actual payment. Apart from that, the respondents shall also pay to the petitioners the due statutory benefits, other retiral benefits and amount of leave encashment alongwith applicable interest, all of which, shall be paid to them within a period of six months from today. The due amount of payment, if delayed beyond six months, it shall be paid with interest at the rate of 9% per annum till the date of its actual payment.”
4. Accordingly, this petition is disposed of with a direction to the respondents to pay the entire due pensionary/retiral benefits to the petitioner strictly in terms of the directions given in the aforesaid order dated 29.11.2021, passed in CWP No.4321 of 2021, within a period of six months from today. The due amount of payment if delayed beyond six months, shall be paid with interest @ 9% per annum till the date of its actual payment. Pending miscellaneous application(s), if any, shall also to stand disposed of.
(A.A. Sayed)
Chief Justice
(Jyotsna Rewal Dua) December 29, 2022
Judge Mukesh