Ram Saran Thakur vs State Of H.P. And Others

Jyotsna Rewal Dua, J

CMP-T No.258 of 2023

Allowed and disposed of.

CWPOA No.197 of 2020

With the consent of learned counsel for the parties, the matter is taken up for hearing at this stage.

The petitioner has prayed for following substantive reliefs:-

“(i). That the respondent no.1 to 3 may kindly be directed to pay the gratuity, leave encashment and the benefit of 4-9-14 pay fixation to the applicant immediately.

(ii). That the respondents be also directed to pay interest @ 9% per annum on the delayed payment since the month of July, 2012 to till date.”

The respondents have opposed the reliefs prayed for by the petitioner on the strength of H.P. Government Finance Department office memorandum dated 13.09.2006, as referred to in office letter dated 07.08.2012 (Annexure R-2).

Learned counsel for the petitioner submits that the petitioner has prayed for release of Gratuity and Leave Encashment for the entire service rendered by him, which has not been released by the respondents. That the reply filed by the respondents was based upon the instructions prevalent at that time. Learned counsel further submits that during the pendency of the writ petition, the respondents have issued office memorandum dated 8. 01.2021 (Annexure A-4 attached with CMP-T No.258 of 2023). According to learned counsel, all the employees who retired after the year 2003, have been held entitled for payment of Gratuity in terms of notification/office memorandum dated 08.01.2021. Learned counsel for the petitioner submits that the petitioner would be content in case respondent No.2/competent authority is directed to consider the case of the petitioner for redressal of his grievances in terms of office memorandum dated 8. 01.2021 (Annexure A-4) within a fixed time schedule.

Learned Additional Advocate General is not averse to this prayer.

Having regard to the afore-submissions and without examining the merits of the matter, the writ petition is disposed of by directing respondent No.2/ competent authority to consider and decide the case of the petitioner for redressal of his grievances raised in the writ petition, in accordance with law and office memorandum dated 08.01.2021 (Annexure A- 4) within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioner.

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