AI Structured Summary
Not yet generated for this judgment
Judgment
Sabina, J)
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking the following relief(s):-
“(i). That the respondents may kindly be directed to pay the pension arrear to the petitioner w.e.f. 30.6.2018 to 28.2.2019 amounting to Rs. 1,24,328/-(rupees one lac twenty four thousand three hundred twenty eight only), along with interest @ 9% per annum on the pending dues under law;
(ii). That the respondents may very kindly be directed to extend the benefits of the judgment passed by this Hon’ble Court in Nek Ram Versus State of HP and others, CWP No. 3050 of 2014, decided on 17.7.2014, Annexure P-3 to the petitioner forthwith with all consequential benefits.”
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.”
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.