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2025 DAILYLAW 13283 (HP)

NARESH SARKAR v. THE HPTDCL AND ANOTHER

CWP/5839/2024 · 2025-08-19

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5839 of 2024 Date of Decision: 19.08.2025 _______________________________________________________ Naresh Sarkar …….Petitioner Versus HPTDCL & Anr. … Respondents Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioners: Mr. Om Parkash Goel, Advocate. For the Respondent: Ms. Maheshwari Sharma, Advocate. ____________________________________________________ Sandeep Sharma, Judge(oral): During proceedings of the case, Ms. Maheshwari Sharma, learned counsel for the respondents, has filed compliance affidavit under the signatures of Managing Director, HPTDCL, perusal whereof reveals that in compliance of direction passed by this court, Corporation has calculated statutory interest on retiral benefits of the petitioner i.e. revised gratuity and leave encashment to the tune of Rs. 1,61,528/- from the due date i.e. 01.08.2021, out of which sum of Rs. 6,528/- was already released to the petitioner and balance amount of Rs. 1,39,555/- has been released to the petitioner on 18.08.2025 after deducting 10% TDS Rs. 15506/- on Rs. 1,55,061/-. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. As far as release of retiral dues is concerned, it has been stated in the affidavit that Corporation is presently unable to release the revised pay arrears amounting to Rs. 12.41 crores, as the Government of Himachal Pradesh has not yet approved or notified the release of the revised pay scale for retirees. However, Corporation is committed to settle the pay revision of the dues of the retirees. Arrears of the revised pay scale will be released in a phased manner and in that regard, Corporation has prepared agenda for the forthcoming Board of Director’s meeting scheduled to be held in this month. 3. Since interest on delayed payment has already been released as is evident from Annexure A-1, coupled with the fact that respondent-Corporation has agreed to release the retiral benefits of the petitioner expeditiously, nothing remains to be adjudicated in the instant petition and accordingly, the same is disposed of with a direction to the respondent-Corporation to ensure that arrears on account of retiral benefits are released to the petitioner within a period of four months, failing which he shall be entitled to interest at the rate of 7.5% per annum from the date such amount fell due till its realization. (Sandeep Sharma), Judge August 19, 2025 (Sunil)