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Judgment
7 paragraphs · 367 wordsSatyen Vaidya, J
The instant petition has been filed for the following substantive reliefs:
“i) That the directions may kindly be issued to the respondent corporation to pay the amount of Gratuity (DCRG) amounting to Rs.13,01.223/ and leave encashment amounting to Rs.9,00,000/ along with interest @9% per annum to the petitioner w.e.f. due date i.e. 01.03.2023 till the date of its realization, keeping in view the judgment passed by the Hon'ble High Court in CWP No. 3050 of 2014, titled as Nek Ram versus State of H.P. and other, Annexure P2.
ii) That the directions may also be issued to the respondent corporation to pay the interest @9% per annum on the amount of GPF, pension commutation and arrears of pension from the due date and till the date of its realization, to the petitioner.”
At the very outset, learned counsel for the petitioner has submitted that the subject matter of instant petition is squarely covered by a judgment passed by a Division Bench of this Court on 17th July, 2014, in CWP No.3050 of 2014, titled as Nek Ram vs. State of Himachal Pradesh & Ors.
He submits that the petitioner in the instant petition shall be satisfied, at this stage, in case time bound directions are issued to respondentcorporation to consider and decide the case of the petitioner in light of judgment passed by the Division Bench of this Court in CWP No. 3050 of 2014.
Prayer being innocuous is not opposed. Accordingly, the instant petition is disposed of with direction to respondent Corporation to consider and decide the case of the petitioner within eight weeks from today strictly in terms of the judgment passed by the Division Bench of this Court on on 17th July, 2014, in CWP No.3050 of 2014, titled as Nek Ram vs. State of Himachal Pradesh & Ors., by passing a detailed and reasoned order. Needless to say that in case the petitioner is found entitled to the benefits of aforesaid judgment, he shall be granted all similar benefits as have been granted to the beneficiary of judgment passed in CWP No.3050 of 2014 within six weeks thereafter. Pending applications, if any, also stand disposed of.
