Bathal vs State of Himachal Pradesh

Justice Kurian Joseph, C.J.—The writ petitions are filed with the following prayers:- (i) That the respondents may be directed to release the Gratuity to the petitioner for the continuous daily service rendered w.e.f. Jan, 1980 till 31.12.1995 (about 16 years as per provisions of the Payment of Gratuity Act, 1972 in accordance with the law laid down in a case titled Lashkari Ram supra, alongwith interest @ 12% per annum.

According to the petitioner, the issue regarding entitlement for gratuity is covered by the decision of this Court in State of H.P. versus Lashkari Ram in CWP No. 150 of 2004 and followed in many other cases.

Learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. In case the petitioner is similarly situated, he shall not be discriminated and the matter will be duly considered by the first respondent/competent authority in the light of the judgment, referred to above and appropriate action in accordance with law, by disbursing the eligible benefits by way of gratuity, will be taken within another three months from the date of receipt of the representation alongwith a copy of this judgment and the copy of the judgment, referred to above by the petitioner. The writ petition is disposed of, so also the pending application(s), if any.