Premi Devi vs State of Himachal Pradesh and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayer:

(i) That the Petitioner may be ordered to be paid the gratuity with interest for daily wager as Beldar for daily waged period w.e.f. 01.01.1988 to 24.04.99.

According to the Petitioner, the issue regarding entitlement for gratuity is covered by the decision of this Court in State of H.P. v. Lashkri Ram in CWP No. 150 of 2004 and followed in many other cases.

Learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. The Petitioner submit that she would file an appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for her to do so. In case the Petitioner is similarly situated, she shall not be discriminated and the matter will be duly considered by the first Respondent/competent authority in the light of the judgment, referred to above and appropriate action in accordance with law, by disbursing the eligible benefits by way of gratuity, will be taken within another three months from the date of receipt of the representation along with a copy of this judgment and the copy of the judgment, referred to above, by the Petitioner.

The writ petition stands disposed of, so also the pending application(s), if any.