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Judgment
Sabina, J
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following relief:-
“I) That the respondents may kindly be directed to release the pension, arrear of pension, and other retiral dues to the petitioner as mentioned in
para 2 (i) to (vi) above by issuing writ of mandamus, in the light of the judgment dated 17.07.2014, contained in Annexure P-1.â€
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.â€
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.