Om Parkash vs Himachal Pradesh Transport Corporation And Others

Sabina, J

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

“1. That the respondent corporation may kindly be directed to grant gratuity and full leave encashment alongwith interest with effect from September 2021 till date the present petitioner having served with the respondent corporation for 31 years, in the interest of justice and fair play.

That the respondent corporation may kindly be directed to pay the arrears of pension i.e. gratuity and full amount of leave encashment, Group insurance, and interest upon GPF, gratuity amount and others retrial benefits, as the same have not been paid to the petitioner by the respondents as such the petitioner is entitled to interest @ 9% per annum on the pending dues under the law.

That the case of the petitioner is squarely covered by the judgment passed by the Hon’ble High Court in case titled as Nek Ram versus State of H.P. and others in CWP No.3050/2014, decided on 17.07.2014, which was implemented by the Corporation.”

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.