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Judgment
Sabina, J
Petitioner has filed the petition under Article 226 of the Constitution of India, seeking the following relief(s):-
“(i). That the writ of mandamus may please be issued and the respondents may kindly be directed to release the due and payable retiral benefits to the petitioner along with interest on the entire amount of gratuity and leave encashment from due date till the date of its realization on account of delayed period payments, in terms of the law settled by the Hon’ble Supreme Court vide judgments mentioned supra and judgments 11.8.2020 and 6.12.2022 passed by this Hon’ble High court in CWP No. 2783 of 2020 titled as Rulia Ram Vs. HPTDC and anr., Annexure P-3 and CWP No. 7760/2022 titled Manender Kumar Vs. HPTDC and others Annexure P-4 respectively and even otherwise on the facts and law as stated in the petition and the same may kindly be allowed with costs in the interest of law, equity and justice;
(ii). That the action of the respondents in withholding or not releasing the retiral benefits of the petitioner from due date i.e. 1.5.2022 till the date of its realization may kindly be held as illegal, arbitrary and discriminatory and violative of Article 14 and 16 of the Constitution of India.’’
The petitioner was in service of the respondent Himachal Pradesh Tourism Development Corporation Ltd. and retired as MDH on 31.3.2022 from Hotel Club House, HPTDC, Manali, District Kullu, H.P. after rendering 35 years 8 months and 21 days of regular service. It is the case of the petitioner that his balance amount of gratuity of Rs.9,00,000/- and leave encashment of Rs.5,11,530/- have been sanctioned by the respondents, vide order dated 28.6.2022 Annexures P-1 and P-2, respectively. The grievance of the petitioner is that despite the aforesaid gratuity and leave encashment being sanctioned, the same have not been released.
In the facts and circumstances of the case, we dispose of the writ petition by directing the respondents to release the admissible retiral benefits alongwith statutory interest to the petitioner within a period of six months from today, in accordance with law. If the amount due is not paid within the aforesaid period, the same shall carry interest at the rate of 9% per annum from the due date of actual payment.
Pending miscellaneous application(s), if any, shall also stand disposed of.