Himachal Pradesh High Court
CWP/8354/2021 of ASHOK KUMAR Vs HRTC AND ANOTHER on 31 December 2021
COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 31st DAY OF DECEMBER, 2021 BEFORE HON’BLE MR. JUSTICE MOHAMMAD RAFIQ, CHIEF JUSTICE & HON’BLE MS. JUSTICE JYOTSNA REWAL DUA CIVIL WRIT PETITION No. 8354 of 2021 Between:- SH. ASHOK KUMAR S/O LT. SH. KISHAN CHAND R/O NEAR BSNL EXCHANGE
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 31[st] DAY OF DECEMBER, 2021
BEFORE
HON’BLE MR. JUSTICE MOHAMMAD RAFIQ, CHIEF JUSTICE
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 8354 of 2021
Between:-
SH. ASHOK KUMAR S/O LT. SH. KISHAN CHAND R/O NEAR BSNL EXCHANGE MOHLLA MUGLA POST OFFICE HARDASPURA TEH.& DISTRICT CHAMBA, H.P. RETIRED AS CHIEF INSPECTOR FROM H.R.T.C. CHAMBA DEPOT D.O.R. 31.12.2020.
…...PETITIONER
(BY MR. TANUJ THAKUR, ADVOCATE)
AND
1. THE HIMACHAL PRADESH TRANSPORT CORPORATION, SHIMLA THROUGH ITS MANAGING DIRECTOR, H.P. 171003.
2. REGIONAL MANAGER, HIMACHAL ROAD TRANSPORT CORPORATION, CHAMBA DEPOT, H.P.
…...RESPONDENTS
(BY MR. VIRBAHADUR VERMA, ADVOCATE)
This petition coming on for admission this Hon’ble Mr. Justice Mohammad Rafiq, passed the following:
day,
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O R D E R
This writ petition has been filed by petitioner-Ashok Kumar, who had retired from the service of the respondents– Himachal Road Transport Corporation (HRTC) on 31.12.2020, with the prayer that the respondents may be directed to pay all his retiral benefits alongwith interest for the delay on the part of the respondents.
2. 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. 3.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 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.
5. We are, therefore, persuaded to dispose of this writ petition with a direction to the respondents to pay gratuity to the petitioner 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 petitioner the due statutory benefits, other retiral benefits and amount of leave encashment alongwith applicable interest, all of 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 at the rate of 9% per annum till the date of its actual payment.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
( Mohammad Rafiq )
Conclusion
Chief Justice
December 31, 2021 R.Atal
( Jyotsna Rewal Dua )
Judge