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2025 DAILYLAW 11885 (HP)

BELI RAM v. HPTDCL

CWP/5445/2024 · 2025-07-02

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5445 of 2024 Date of Decision: 02.07.2025 _______________________________________________________ Beli Ram …….Petitioner Versus The Himachal Pradesh Tourism Development Corporation Ltd. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Om Parkash Goel, Advocate. For the Respondent: Ms. Maheshwari Sharma, Advocate. ____________________________________________________ Sandeep Sharma, Judge(oral): By way of this Writ Petition, the petitioner has prayed for the following reliefs:- “ That the writ of Mandamus or any other appropriate writ order or directions may kindly be issued directing the respondent to release the arrear of salary + Dearness Allowance w.e.f. 01.01.2016 to 30.06.2020 i.e. the date of retirement of the petitioner, enhanced amount of gratuity and Leave Encashment to the petitioner in terms of revision of pay scales w.e.f. 01.01.2016 and amendment in payment of Gratuity Act, 2018in accordance with law alongwith interest @ 9% per annum on account of delayed period payments from due date till the date of its realization in view of law settled by this Hon’ble Court in CWP No. 2473 of 2022 titled as Salig Ram Chauhan vs. HPMC and another, decided on dated 04.07.2023 Annexure P-3 and CWP No. 6678 of 2023 titled Hari Ram vs. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 HPTDC decided on dated 20.03.2024 Annexure P-4, respectively in the similarly situated facts and circumstances.” 2. In light of the fact that demand is with regard to the undisputed amount, this Court is of the view that non-payment thereof cannot be justified by the respondent-Corporation on any count. 3. Accordingly, this petition is disposed of with the direction that all the emoluments as are due to the petitioner be paid to him within a period of six weeks from today alongwith statutory interest as well as other interest prayed for from the date of filing of the petition. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Sandeep Sharma), Judge July 02, 2025 (shankar)