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Kewal Singh vs Himachal Road Transport Corporation And Another

High Court Of Himachal Pradesh · Decided on 29 December 2022 · Citation: (2022) 12 SHI CK 0081

HON’BLE JUDGES
A.A. Sayed, CJ · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 8983 Of 2022
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Judgment

7 paragraphs · 364 words

A.A. Sayed, CJ

1.

Notice. Mr. Ajay Kumar Chauhan, learned Standing Counsel, waives service of notice on behalf of the respondents.

2.

The petitioner has filed this petition seeking the following substantive relief:-

“(i) That respondents may kindly be directed to release 9% interest forthwith, for delay on the part of respondent corporation and loss of accretion of capital, from due date till actual payment is made, being a squarely covered matter with CWP No.3050/2014, titled as Nek Ram v/s State of H.P. & others. Further, respondents may also be directed to pay interest on the all delayed payments from the due date.”

3.

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 by this Court in CWP No.4321 of 2021 (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.”

4.

Accordingly, this petition is disposed of with a direction to the respondents to pay the entire due pensionary/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. The due amount of payment if delayed beyond six months, shall be paid with interest @ 9% per annum till the date of its actual payment. Pending miscellaneous application(s), if any, shall also to stand disposed of.