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2025 DAILYLAW 22050 (HP)

NARENDER KUMAR v. THE HPTDC AND ANOTHER

CWP/13774/2025 · 2025-09-08

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 13774/2025 Decided on: 08.09.2025 Narender Kumar …Petitioner Versus Himachal Pradesh Tourism Development Corporation & Anr. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Ashok Kumar, Advocate vice Mr. Nishant Khidtta, Advocate. For the respondents: Mr. S.S. Panta, Advocate. Jyotsna Rewal Dua, J Notice. Mr. S.S. Panta, learned counsel, accepts notice on behalf of the respondents. 2. This writ petition has been filed for the grant of following substantive relief: - “That a writ in the nature of mandamus may kindly be issued directing the respondents to release/make payment of balance gratuity amount of rupees 4,35,742/- (four lakhs thirty five thousand seven hundred forty two rupees) and pay of leave encashment for remaining 112 days with interest till date.” 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 2. Learned counsel for the respondents-Corporation admits the issuance of office order dated 27.08.2024 (Annexure P-1) in favour of the petitioner, in terms of which, Rs.4,35,742/- remains to be paid to the petitioner towards gratuity. Learned counsel for the respondents submits that in view of Anil Kumar Goel Vs. Himachal Pradesh Tourism Development Corporation Ltd.2 balance amount of gratuity shall be released in petitioner’s favour along with interest within six months from today. In respect of petitioner’s second grievance regarding payment of leave encashment, learned counsel for the petitioner submits that the petitioner be permitted to make a representation to respondent No.1 with direction to the said respondent to consider and decide the same, in accordance with law, within time bound schedule. Learned counsel for the respondents-Corporation has no objection to this prayer. In view of above, this writ petition is disposed of with direction to respondent No.1 to release balance amount of gratuity to the petitioner in terms of order dated 27.08.2024 (Annexure P-1) within six months from today along with applicable interest from due date with liberty reserved to him to prefer a representation for alleged pending leave encashment to respondent No.1/competent authority within two weeks. In case such representation is so filed, 2 CWP No.6628/2021 decided a/w connected matters on 24.02.2022 3 then the same be decided, in accordance with law, within six weeks from today. The order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 08th September, 2025(rohit)