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2025 DAILYLAW 17072 (HP)

ANUP KUMAR v. THE HPTDCL AND ANOTHER

CWP/8529/2024 · 2025-01-01

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:127-DB IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 8529 of 2024 Decided on : 01.01.2025 Anup Kumar …Petitioner Versus The Himachal Pradesh Tourism Development Corporation Limited. …Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Om Parkash Goel, Advocate. For the respondents : Mr. Naresh Kaul, Advocate, vice Ms. Maheshwari Sharma, Advocate. Ajay Mohan Goel, Judge (Oral) With the consent of the parties, the petition is being disposed of at this stage itself. 2. By way of this writ petition, the petitioner has, inter alia, prayed for the following relief:- “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 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:127-DB 28.02.2022 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 till 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 titled Hari Ram Vs HPTDC decided on dated 20.03.2024 Annexure P-4. respectively. in the similarly situated facts & circumstances.” 3. 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. 4. 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 miscellaneous 3 2025:HHC:127-DB application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge January 01, 2025 (Shivank Thakur)