IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.15252 of 2024 Decided on: 3rd January, 2025 _________________________________________________________________ Bimla Devi Kanwar …..Petitioner Versus Himachal Road Transport Corporation and Anr .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Manohar Lal Sharma, Advocate. For the Respondents: Mr. Dheeraj K. Vashisht, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Dheeraj K. Vashisht, learned Standing Counsel, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed by the petitioner, who had retired from the service of the respondent–Himachal Road Transport Corporation (HRTC), with the prayer that the respondents may be directed to pay the amount of Gratuity and Leave Encashment alongwith interest for the delay on 1Whether reporters of print and electronic media may be allowed to see the order? Yes. - 2 - part of the respondents. 3. Reliance has been placed on the judgment passed by a Division Bench of this Court in Nek Ram versus State of Himachal Pradesh and others2 and also on a subsequent order of this Court passed in Sh. Subhash Chand versus The Himachal Road Transport Corporation, Shimla and others alongwith connected matters3, in which, the respondents were directed to pay the retiral benefits to the petitioners within a period of six months. In case the required retiral benefits are not paid to the petitioners within the aforesaid period of six months, then in addition to the due statutory benefits, the petitioners shall also be paid interest at the rate of 9% per annum beyond the period of six months till the date of actual payment. 4. In another subsequent order of this Court passed in Ram Lal versus The Himachal Pradesh Tourism Development Corporation Ltd. and another and the connected matter4, the respondents were directed to make payment of gratuity to the petitioners within a period of six months from the date of passing of the order. In the event of 2 CWP No.3050 of 2014 decided on 17.07.2014 3 CWP No.4377 of 2021 decided on 25.08.2021 4 CWP No.6034 of 2021 decided on 23.11.2021 - 3 - non-payment of due amount, the petitioners were held entitled to differential amount of interest between the amount of interest statutorily payable to the petitioners as per the Payment of Gratuity Act and the interest at the rate of 9% per annum for the period of delay beyond six months. 5. While disposing of Review Petition No.110 of 2021 on 25.11.2021, preferred against the order dated 09.11.2021 passed in CWP No.6928 of 2021, in which, the aforesaid order dated 25.08.2021 passed in CWP No.4377 of 2021 was relied upon, this Court has clarified the aforesaid order in the terms that the respondent-Corporation shall be liable to pay entire retiral dues of the petitioner, including gratuity, arrears of pension and leave encashment alongwith prescribed rate of interest, within a period of six months from the due date till the actual payment is made. In view of above, this writ petition is disposed of with a direction to the respondents to pay the amount of gratuity and leave encashment to the petitioner with actual rate of interest as per applicable rules till the time of actual payment, which shall be paid to her within a period of six months from today. The due amount of payment, if delayed - 4 - beyond six months, shall be paid with interest to the rate of 9% per annum till the date of its actual payment. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua January 3, 2025 Judge Mukesh