IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.10258 of 2023 Decided on: 26.06.2025 _________________________________________________________________ Beli Ram ....Petitioner Versus The HPTDC Ltd. & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Ajeet Singh Saklani, Advocate. For the respondents: Mr. Shivank Singh Panta, Advocate. Jyotsna Rewal Dua, Judge Notice. Mr. Shivank Singh Panta, learned counsel, accepts service of notice on behalf of the respondents. 2. The petitioner has filed the writ petition for grant of following substantive reliefs:- “a). That a writ of mandamus may please be issued and the respondents may kindly be directed to release the retiral benefits i.e. Gratuity & leave encashment along with interest on the entire amount of gratuity and leave encashment, which is still due and payable to the petitioner from due date i.e. 01.11.2024 till the date of 1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - its realization, on account of delayed periods payments, in terms of the judgment dated 11.08.2023 passed by this Hon'ble Court in CWP No. 4129/2023 titled as Dile Ram Vs. HPTDC & Anr., ( Annexure P-4) and even otherwise on facts and law as stated in the petition as above, the petition may kindly be allowed with costs, in the interest of law and justice. b) That the action of the respondents in withholding or not releasing the retiral benefits of the petitioner from due date 01.11.2024 till date, may kindly be held as illegal, arbitrary, discriminatory and violative of articles 14 & 16 of constitution of India.” 3. The petitioner was in service of the respondent- Himachal Pradesh Tourism Development Corporation Ltd. and retired as MDH on 31.10.2024 from HPTDC Hotel Silver Moon, Kullu, District Kullu, H.P. after rendering 33 years, 05 months, 3 weeks & 04 days of regular service. It is the case of the petitioner that his total amount of gratuity of Rs.12,21,698/- and leave encashment of Rs.6,41,700/- have been sanctioned by the respondents, vide order dated 05.04.2025, annexed as Annexures P-1 and P-2, respectively. The main grievance of the petitioner is that despite the aforesaid gratuity and leave encashment, being sanctioned, the same have not been released. It is, however, submitted that an amount of Rs.1,00,000/- has been - 3 - disbursed to the petitioner by the respondents on account of retiral benefits, i.e. gratuity. 4. In the facts and circumstances of the case, this writ petition is disposed of by directing the respondents to release the due and admissible retiral benefits along with statutory interest, to the petitioner, within a period of six months from today, in accordance with law. If the amount due is not paid to the petitioner within the aforesaid period, the same shall carry interest at the rate of 9% per annum from the due date of actual payment. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge June 26, 2025 R.Atal