High CourtsDivision Bench

Hari Singh vs State of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 22 March 2012 · Citation: (2012) 03 SHI CK 0082

HON’BLE JUDGES
Kurian Joseph, J · Dharam Chand Chaudhary, J
CASE NUMBER
CWP No. 1540 of 2012-D
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Judgment

5 paragraphs · 220 words

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayer:-

(i) That the respondents may be directed to release the Gratuity to the petitioner for the continuous daily service rendered w.e.f. 1989 till 30.04.1998 (about 11 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.

2.

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.