CourtKutchehry.com
High CourtsDivision Bench(2022) 02 SHI CK 0057

Amar Chand vs Himachal Road Transport Corporation (HRTC) And Others

High Court Of Himachal Pradesh · Decided on 21 February 2022

HON’BLE JUDGES
Sabina, J · Satyen Vaidya, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 555 Of 2022
Download PDFAsk AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 376 words

Sabina, J

1.

Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-

“i) That respondents may kindly be directed to release/make actual payment of all remaining retiral benefits of the applicant along with 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 No. 3050/2014, titled as Nek Ram v/s State of H.P. & Others and CWP No. 605/2019 titled as Hukam Chand v/s HRTC. Further respondents may also be directed to pay interest on the all delayed payments from the due date. Further the respondents may kindly be directed to calculate the DCRG of the petitioner in consonance with the prevailing Dearness Allowances & Arrears along with interest at all delayed payments from the due date.”

2.

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 in CWP No.4321 of 2021, titled 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.”

3.

Accordingly, this petition is disposed of with a direction to the respondents to pay the entire due 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.

Pending miscellaneous application(s), if any, shall also stand disposed of.