IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7356/2025 Decided on:05.05.2025 Kishori Lal …Petitioner Versus HRTC & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Mandeep Chandel, Advocate. For the respondents: Mr. Rahul, Advocate. Jyotsna Rewal Dua , J Notice. Mr. Rahul, learned counsel, accepts notice on behalf of the respondents. 2. With the consent of learned counsel for the parties, the matter is taken up for disposal without calling for reply from the respondents. 3. The case set up by the petitioner is that he retired as Inspector from the office of respondent No.3-Regional Manager, HRTC, Palampur, District Kangra, H.P. on 29.02.2016. Under the provisions of Payment of Gratuity (Amendment) Act 2018, petitioner was entitled to receive gratuity to the extent of Rs.7,22,700/- as gratuity payable to him was revised from Rs. 5,92,531/- to Rs. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 7,22,700/-. Petitioner has not been paid the balance amount of Rs.1,30,169/- till date. Feeling aggrieved, the petitioner has preferred this writ petition seeking following substantive reliefs:- “A. Issue a writ in the nature of Mandamus or any other appropriate writ order, or direction directing the respondents to release the revised higher amount of gratuity of Rs.1,30,169/- in favour of the petitioner in terms of the Revised Pay Rules and the payment of Gratuity (Amendment) Act, 2018 alongwith interest @9% per annum. B. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondents to release the arrears on account of the delayed payment alongwith interest @9% per annum.” Learned counsel for the petitioner places reliance upon Mudit Kumar Vs. H.P.T.D.C.2 In the said case also, benefits of revised enhanced gratuity was not released in favour of the petitioners on the ground that the decision for releasing revised gratuity had not been placed before the competent authority i.e. Board of Directors. Hon’ble Division Bench held that this is not a ground to deny the benefits to the petitioners. Writ petition was accordingly allowed by directing the respondents to release revised higher amount of gratuity and leave encashment in favour of the petitioner(s), in terms of the Revised Pay Rules as well as Payment of Gratuity (Amendment) Act, 2018, within three months failing which the amount was to carry interest @9% per annum, 2CWP No. 2740/2022 & Connected matters decided on 30.12.2022 3 from the date of filing of the petition, till its realization in favour of the petitioner(s). Operative portion of the judgment reads as under:- “4. Once the respondent accedes to the entitlement and eligibi lity of the petitioner(s) for grant of relief of revised gratuity, obvious ly, the mere fact that the same could not be placed before the com petent authority, i.e. the Board of Directors, can be no ground to d enysuch benefit can be no ground to deny such benefit to the petitioner(s). 5. Accordingly, we deem it proper to dispose of these petitions by directing the respondent to release the revised higher amount of gratuity and leave encashment, in favour of the petitioner(s), in terms of the Revised Pay Rules as well as Payment of Gratuity (Amendment) Act. 2018, within a period of three months from today, failing which the respondent shall be liable to pay interest @ 9% per annum, from the date of filing of the petition, till its realization in favour of the petitioner(s). The pending application(s), if any, are also disposed of.” Learned counsel for the petitioner submitted that the directions in Mudit Kumar’s2 case have been implemented by the respondent-HRTC. 4. On the basis of pleaded facts and following the ratio laid down in Mudit Kumar’s2 case, the present petition is allowed. Respondents are directed to release balance amount on account of revised higher gratuity in terms of Payment of Gratuity (Amendment) Act. 2018, to the petitioner within a period of three months from today, failing which the respondents shall be liable to pay interest @ 9% per annum, from the date of filing of the petition, till its realization. 4 Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 05th May, 2025(rohit)