Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.
6674 of 2022
Decided on:
04.08
.2026
D.R. Mehta
… Petitioner Versus State of H.P. and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioner : M/s Chandranarayana Singh, Dr. Nidhi Singh and Anshul Gandhi, Advocates. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General for respondents- State. : Respondent No. 2 ex parte. Mr. Sat Prakash, Advocate for
respondent No. 3. : Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has alia prayed for the following reliefs:-
“i. That the amount of gratuity that has been deposited in the Bank Account No. 057500101005441 of the corporation bank (Union Bank Of India) (Annexure P-9) and the release of GIS Amount. ii. That the show cause notice dated 27.07.2020 Annexure P-10 and the show cause notice dated dated 13.7.2021 Annexure P-12 be quashed and set aside.” 1 Whether reporters of the local papers may be allowed to see the judgment?
2
2.
Learned Counsel for the petitioner submits that during the pendency of this petition, the gratuity stands released in favour of the petitioner, though belatedly after three years. He prays for grant of interest thereon. A perusal of the relief clause demonstrates that no interest on the delayed payment has been prayed for by the petitioner. That being the case, no such direction can be issued.
3.
Learned Counsel for the petitioner submits that show cause notices have been issued to the petitioner after superannuation, which are not sustainable in law.
4.
Learned Counsel for the respondents could not justify the issuance of the show cause notices either on merit or on the ground as to how the same could have been issued after the superannuation.
5. Accordingly, as the show cause notices have been issued after the superannuation of the petitioner, the same are quashed and set aside.
6. At this stage, learned Counsel for the petitioner submits that as during the pendency of the petition, there has been a revision in the pay scale with effect from 01.01.2016 and the petitioner is entitled for the arrears thereof, he be given liberty to independently approach the court afresh on this cause.
7. All that this Court can observe is that if there is any
3 such cause in favor of the petitioner, then he may approach the appropriate Court in accordance with law. Pending miscellaneous application(s), if any also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge August 04
, 2026
(narender)