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2025 DAILYLAW 11987 (HP)

MOHAN LAL v. STATE OF HP AND OTHERS

CWP/6344/2024 · 2025-03-20

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.6344 of 2024 Decided on: 20th March, 2025 _________________________________________________________________ Mohan Lal ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Sandeep K. Pandey, Advocate. For the respondents: Ms. Menka Raj Chauhan, Deputy Advocate General for respondents No. 1 and 2. Mr. Naveen K. Bhardwaj, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge During hearing of the case, learned counsel for the petitioner submitted that though the respondents have released some gratuity to the petitioner, however, the same is not in consonance with the provisions of the Payment of Gratuity Act, 1972/the CCS (Pension) Rules, 1972. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes - 2 - 2. Learned counsel for the petitioner further submitted that since some payment towards gratuity had been released to the petitioner during pendency of the petition, therefore, there are not adequate pleadings in the petition for disputing/in regard to computation of gratuity due to the petitioner. Hence, petitioner be permitted to withdraw the present writ petition with liberty to file fresh petition for claiming gratuity, which is actually due to the petitioner from the respondents under the applicable provisions. Granting such liberty, present petition is dismissed as withdrawn. The pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge March 20, 2025 R.Atal