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2025 DAILYLAW 23188 (HP)

NAND LAL v. HRTC AND OTHERS

CWP/316/2024 · 2025-05-16

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 316/2024 Decided on: 16.05.2025 Nand Lal …Petitioner Versus HRTC & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Manohar Lal Sharma, Advocate. For the respondents: Mr. Raman Jamalta, Advocate. Mr. Devinder Kumar Narang, Deputy Divisional Manager, present in person. Jyotsna Rewal Dua , J This writ petition has been filed for the grant of following substantive reliefs:- “(i) That the respondents may kindly be directed to pay the balance amount of gratuity, arrears of pension alongwith interest @9% per annum keeping in view office order dated 10.05.2023 Annexure P-2 & P-4 in a time bound manner. (ii) That the petitioner may kindly be held entitled to get benefit of revised leave encashment because of extending the benefit to the petitioner of two additional increments after completion of 20 years service, keeping in view judgment passed in CWP No. 7359/2021 alongwith interest @9% per annum.” 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2. Following order was passed in the matter on 01.05.2025:- “CMP No.9045/2025 For the reasons stated in the application, the same is allowed and disposed of. CWP No. 316/2024 Learned counsel for the petitioner submits that despite notices having been issued to the respondents on 12.01.2024, reply to the writ petition has still not been filed and an amount of Rs.1,73,277/- is still due to the petitioner on account of his terminal benefits by the respondents. Learned counsel for the respondents seeks a week’s further time to clear the liabilities, if any, due towards the petitioner. As prayed for, list after one week.” 3. Learned counsel appearing for the respondents states that save and except, leave encashment due to the petitioner on account of giving him two additional increments on completion of 20 years of service, remaining benefits have been released in his favour. That out of remaining monetary benefits, Rs. 54,113/- were released in favour of the petitioner on 15.05.2025 and Rs.1,19,164/- were released to him today. Learned counsel further states that endeavour shall be made to take decision on revised leave encashment due to the petitioner on the basis of two additional increments granted to him on his completion of 20 years of service, as expeditiously as possible preferably within eight weeks, keeping 3 in view of decision rendered in Amita Gupta Vs. State of H.P. & Ors.2 4. In view of above, the present proceedings are closed as substantive reliefs claimed for by the petitioner have been granted to him. Liberty, however, is reserved to the petitioner to seek appropriate remedy for the redressal of his surviving grievances, more particularly in relation to the revised leave encashment at an appropriate stage. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 16th May, 2025(rohit) 2CWP No. 7359/2021 decided on 01.12.2022