Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 16974 of 2025 Date of decision: 03.11.2025 Hem Raj ...Petitioner. Versus HPTDC & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Ajeet Singh Saklani, Advocate. For the respondents : Mr. Shivank S. Panta, Advocate. Jyotsna Rewal Dua, Judge Notice. Mr. Shivank Singh Panta, learned counsel, appears and waives service of notice on behalf of the respondents. 2. This writ petition has been filed for the grant of following substantive reliefs: - “a. That a writ of mandamus may please be issued and the respondents may kindly be directed to release the retiral benefits i.e. Gratuity & leave encashment along with interest on the entire amount of gratuity and leave encashment, which is still due and payable to the petitioner from due date i.e. 01.02.2025 till the date of its realization, on account of delayed periods payments, in terms of the judgment dated 24.02.2022 passed by the Hon'ble High Court of H.P IN CWP No. 6628/2021 titled as Anil kumar Goel Vs. HPTDC & Anr., ( Annexure P-4) and even otherwise on facts and law as stated in the petition -2- as above, the petition may kindly be allowed with costs, in the interest of law and justice. b. That the action of the respondents in withholding or not releasing the retiral benefits of the petitioner from due date 01.02.2025 till date, may kindly be held as illegal, arbitrary, discriminatory and violative of articles 14 & 16 of constitution of India.” 3. The petitioner was in service of the respondent- Himachal Pradesh Tourism Development Corporation Ltd. and retired as Driver from HPTDC, Transport Wing-Mandi, H.P. on 31.01.2025, after rendering about 18 years, 9 months & 22 days of regular service. It is the case of the petitioner that the amount of gratuity of Rs. 6,98,885/- and leave encashment of Rs.6,37,580/- have been sanctioned by the respondents, vide office orders dated 13.05.2025. 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 along with statutory interest to the petitioner within a period of six months from -3- 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 of actual payment. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 03rd November, 2025 Judge (rohit)