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2025 DAILYLAW 19349 (HP)

RAJIV SHARMA v. HPTDC AND OTHERS

CWP/9912/2024 · 2025-04-30

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9912 of 2024 Decided on: 30th April, 2025 ------------------------------------------------------------------------------------- Rajiv Sharma …..Petitioner Versus H.P. Tourism Development Corporation Limited and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Manohar Lal Sharma, Advocate. For the Respondents: Mr. Shivank S. Panta, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Even though the respondents have not filed reply, however, with the consent of learned counsel for the parties, the matter is heard at this stage. 2. This writ petition has been filed for the grant of following substantive relief:- “(i). That the directions may kindly be issued to the respondent Corporation to pay the amount of Gratuity (DCRG) and Leave encashment alongwith interest @ 9% per annum to the Petitioner with effect from due date i.e. 01.09.2023 till the date of its realization.” 3. The petitioner was in service of the respondent- Himachal Pradesh Tourism Development Corporation Ltd. 1Whether reporters of print and electronic media may be allowed to see the order? Yes 2 and retired as Assistant Manager on 31.08.2023 from Hotel Kunal, Dharamshala after rendering about 27 years, 10 months and 27 days of regular service. It is the case of the petitioner that the amount of gratuity of Rs.11,55,905/- and leave encashment of Rs.7,15,560/- have been sanctioned by the respondents, vide office orders dated 02.12.2023, Annexures P-1 and P-2, respectively. The 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 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 admissible retiral benefits alongwith statutory interest to the petitioner within a period of six months from today, in accordance with law. If the amount due is not paid within the aforesaid period, the same shall carry interest at the rate of 9% per annum from the due date till the actual date of payment. 3 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua April 30, 2025 Judge Mukesh