High CourtsDivision Bench

Raghu Ram vs State Of H.P. And Others

High Court Of Himachal Pradesh · Decided on 9 October 2020 · Citation: (2020) 10 SHI CK 0093

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3203 Of 2020
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Judgment

5 paragraphs · 197 words

L. Narayana Swamy , CJ

1.

The petitioner by way of these writ petition is seeking a writ of mandamus directing the respondents to pay the amount of gratuity to the petitioners in terms of notification dated 18th September, 2017, with all the benefits incidental thereof.

2.

We may observe here that whenever the petitioner seeks a writ of mandamus, there shall be a statutory demand and also they should take a ground that the respondents are under statutory duty to dispose of their statutory demand. Here the petitioner is silent and also had not approached the respondents for making any such statutory demand.

3.

Under these circumstances, we dispose of this writ petition permitting the petitioner to make a statutory demand to the respondents and the respondents are directed to examine the entitlement of the petitioner for payment of gratuity with reference to the existing Rules and pass appropriate order within a period of three months from the date of statutory demand, in accordance with law. However, the petitioner is at liberty to approach this Court, in case the decision on the statutory demand goes against him.

4.

Pending application(s), if any, also stand(s) disposed of.