Madan Lal vs Himachal Road Transport Corporation & Anr

Sabina, J

Petitioner has filed the petition under Article 226 of the Constitution of India, seeking the following substantive relief(s):-

“(i). That the respondents may kindly be directed to grant pension to the petitioner having served with the respondent corporation;

(ii). That the respondent corporation may kindly be directed to grant/released pension arrear from the date of retirement till its actual started the pension (which is not started till date), the gratuity, commutation, leave encashment, along with interest, interest on commutation amount a revisable from time to time along with interest “ 9% per annum and is also entitled for compensation at the rate of Rs. 100 per day, payable by the official who delayed such file and apart from this compensation, petitioner is also entitled of interest at the rate of 6% per annum, compo8ndable monthly, from the 1st day of the fourth month of retirement until the money is credited in the acco8t of the petitioner;

(iii). That the respondent corporation may kindly be directed to extend the benefit of the judgments passed by the Hon’ble High Court in Nek Ram Vs/ State of H.P. and ors. CWP N. 3050/2014 decided on 17.7.2014, annexed as Annexure A-2 to the petitioner forthwith all consequential benefits.”

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.”

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.