Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.7045 of 2024 Date of Decision: 02.07.2025 _______________________________________________________ Satish Kumar Sharma
…….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:-
“a) That a writ of mandamus or any other appropriate writ order or directions may kindly be issued directing the respondents to release the higher amount of gratuity in terms of the amended payment of Gratuity of Act, 2018 and revision of pay scales adopted by the respondent-Corporation for its employees w.e.f. 01.01.2016 in accordance with law; b) That a writ in the nature 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 30.06.2018 i.e. the date of retirement of the petitioner and enhanced amount of Leave Encashment to the petitioner in terms of revision of pay scales w.e.f. 01.01.2016 in accordance with law alongwith interest @ 9% per annum on
1Whether the reporters of the local papers may be allowed to see the judgment?
2 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. 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)