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2025 DAILYLAW 33791 (HP)

ISHWARI DEVI v. HPTDCL AND OTHERS

CWP/5275/2024 · 2025-05-02

Sandeep Sharma

body2025

Judgment text

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2025:HHC:12254 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5275 of 2024 Date of Decision: 02.05.2025 _____________________________________________________________________ Ishwari Devi ……...Petitioner Versus HPTDC & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Manohar Lal Sharma, Advocate. For the respondents: Mr. Shivank Singh Panta, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of present petition, petitioner has prayed for the following main reliefs:- “(i) That the respondents may kindly be directed to pay the arrears of revision of pay scale w.e.f. 01.01.2016 to 31.05.2022 with interest @9% per annum from the due date till the date of its realization. (ii) That the directions may kindly be issued to the respondent Corporation to revise the gratuity (DCRG) and leave encashment as per Annexure P-2 and to pay the same alongwith interest @ 9% per annum to the Petitioner w.e.f. due date i.e. 01.06.2022 till the date of its realization. (iii) The respondents may also be directed to pay ADA and balance amount of 50% IR with interest @ 9% per annum from the due date and till the date of its realization.” 2. Learned counsel for the parties are ad-idem that case of the petitioner is squarely covered by the judgment dated 11.01.2024 passed by Co-ordinate Bench of this Court in CWP No. 4427 of 2023 titled Tulsi Ram Vs. Himachal Pradesh Tourism Development Corporation Ltd. & Ors. 3. Having perused the averments contained in the petition, especially relief clause vis-à-vis judgment dated 11.01.2024 passed by Co-ordinate Bench of this Court in Tulsi Ram (supra), this Court finds that case of the petitioner is identical to the aforesaid case decided by Co-ordinate Bench of this Court. Vide aforesaid judgment, Co-ordinate Bench of this Court has already dealt with all the points raised in the instant petition and as such, respondents can be directed to decide the case of the petitioner in light of the aforesaid judgment rendered by Coordinate Bench of this Court. 4. Consequently, In view of the above, the directions contained in the aforesaid judgment rendered by Co-ordinate Bench of this Court are ordered to be made mutatis mutandis applicable in the present case for all intents and purposes. In the aforesaid terms, present petition is disposed of alongwith pending application(s), if any. April 02, 2025 (Sandeep Sharma), (Sunil) Judge 2