IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7044/2023 Decided on: 06.10.2025 Kuldeep Chand …Petitioner Versus H.P. State Electricity Board Limited & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Arun Rana, Advocate. For the respondents: Mr. Rahul Thakur, Advocate. Jyotsna Rewal Dua , J This writ petition has been filed for the grant of following substantive relief: - “That the writ in the nature of mandamus may kindly be issued and the respondents may be directed to pay interest @9% on amount of Rs.12,24,379/- from due date i.e. from 31.05.2018 (the date of retirement) till actual payment i.e. December, 2022.” 2. I have heard learned counsel for the parties and considered the case file. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 3(i) It appears from the case record that Kuldeep Chand Vs. H.P. State Electricity Board Limited2 was instituted by the petitioner seeking following two reliefs: - “1. That the writ in the nature of mandamus may kindly be issued and the official respondents be directed to release the retiral benefits i.e. Gratuity and monthly pension to the petitioner. 2. That respondent may be directed to pay the retiral benefits to the petitioner along with interest @ 9% from due date i.e. from 31.05.2018 (the date of retirement) till actual payment.” The above petition was disposed of on 21.09.2020, taking note of the fact that leave encashment had already been released to the petitioner on 20.09.2018 and that his remaining retiral benefits, including gratuity, were in the process of being released. The petition was disposed of with direction to the respondents to remit the retirement gratuity within four weeks, failing which interest @9% per annum was payable. The matter was ordered to be listed on 26.10.2020 for overseeing the compliance of the judgment. On 07.01.2021 with the observation that Kuldeep Chand2 had been complied with, the proceedings in the matter were ordered to be closed. 3(ii) Petitioner preferred Kuldeep Chand Vs. HPSEB & Ors.3, which was disposed of on 04.08.2021 inter alia holding the 2 CWP No. 2101/2019 decided on 21.09.2020 3 petitioner entitled to interest @ 9% per annum from the due date, till payment in accordance with law. 3(iii) Petitioner next instituted Kuldeep Chand Vs. HPSEB & Ors4 which was disposed of on 16.12.2022. While disposing of the said petition, the Hon’ble Division Bench took note of the fact that petitioner’s claim regarding release of monetary pension had been redressed. As regards his claim of interest, it was observed that the respondents had constituted a Committee and the petitioner’s claim for interest would abide by the findings so arrived at by the Committee. Pursuant to the above order, the Committee submitted its report on 07.01.2023 (Annexure P-15) holding that it was the petitioner who had not submitted the requisite documents in time despite repeated requests. Since the petitioner was not paid interest, he has instituted this writ petition. 4. In the reply filed by the respondents, apart from justifying non-payment of interest to the petitioner, it has been categorically pleaded that petitioner has already gained more than 9% interest on the National Pension Scheme (NPS) Corpus w.e.f. 31.05.2018 to 07.12.2022, amounting to Rs. 6,91,424/-, calculated on his due amount of Rs.13,49,207/-. In view of the stand taken in the reply, following order was passed in this matter on 26.05.2025: - 3 Review Petition No. 13/2021 decided on 04.08.2021 4 CWP No. 4512/2022 decided on 16.12.2022 4 “Petitioner claims interest @ 9% on the amount of Rs.12,24,379/- from due date, i.e. 31.05.2018 (date of petitioner’s retirement), till its actual payment, i.e. December, 2022. Respondents in their reply clearly state that petitioner has already gained more than 9% interest on NPS corpus from 31.05.2018 to 07.12.2022 amounting to Rs.6,91,424/- over and above the amount that was due to him, i.e. Rs.13,49,207/-. Faced with above, learned counsel for the petitioner seeks two weeks’ time to have instructions. Rejoinder, filed by the petitioner be also placed on record. List after two weeks.” Today, when the matter was taken up, learned counsel for the petitioner submitted that it is a fact that the petitioner has gained more than 9% interest on NPS corpus w.e.f. date of his retirement i.e. 31.05.2018 to 07.12.2022, when the amount was transferred to him. Learned counsel further submitted that the petitioner is not interested in refunding the interest accrued & paid to him on NPS corpus for the period in question. Learned counsel further submitted that he is now under instructions to withdraw the present petition. Accordingly, the present petition is dismissed as withdrawn. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge 06th October, 2025(rohit)