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2025 DAILYLAW 16100 (HP)

KRISHAN BHARDWAJ v. THE HPTDCL

CWP/7559/2024 · 2025-03-13

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7559 of 2024 Date of Decision: 13.03.2025 _______________________________________________________ Krishan Bhardwaj …….Petitioner Versus HPTDC ….Respondent _______________________________________________________ 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 present petition, petitioner has prayed for following main reliefs: “a) That the writ of mandamus or any other appropriate writ order or direction may kindly be issued directing the Respondent to release the Arrear of Salary+Dearness Allowance w.e.f. 1.1.2016 to 31.07.2016 i.e. the date of retirement of the petitione, Enhanced amount of Gratuity and Leave Encashment to the petitioner in terms of revision of pay scales w.e.f. 1.1.2016 in accordance with Law along with interest @ 9% per annum on account of delayed period payments from due date til the date of its realization in view of the law settled by this Hon’ble Court in CWP No.2473 of 2022 titled as Salig Ram Chauhan Vs HPMC & Anr. decided on dated 04.07.2023 ANNEXURE P-3 and CWP No.6678 of 2023 tilted Hari Ram Vs HPTDC decided on dated 20.03.2024 Annexure P-4. respectively. In the similarly situated facts & circumstances.” 1Whether the reporters of the local papers may be allowed to see the judgment? 2 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 three months from today along with statutory interest as well as other interest prayed for, from the date of filing of the petition. Pending application(s), if any, also stand disposed of accordingly. p (Sandeep Sharma), Judge March 13, 2025 (Rajeev Raturi)