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2025 DAILYLAW 34491 (HP)

ANKUSH SUD v. THE HPTDCL AND OTHERS

CWP/20442/2025 · 2025-12-31

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos. 20442/2025 Decided on: 31.12.2025 Ankush Sud …Petitioner Versus HPTDC & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. M.L. Sharma, Advocate. For the respondents: Mr. Harmonder Singh, Advocate vice Mr. S.S. Panta, Advocate. Jyotsna Rewal Dua , J Notice. Mr. Harmonder Singh, learned vice 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 relief: - “i) That directions may kindly be issued to respondent Corporation to pay the amount of gratuity (DCRG) and leave encashment along with interest @ 9% per annum to the petitioner with effect from due date date i.e. 01.11.2024 till the date of its realization.” 3. The petitioner was in service of the respondent- Himachal Pradesh Tourism Development Corporation Ltd. and retired 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 as Assistant General Manager on 31.10.2024 from Himachal Bhawan, New Delhi, after rendering about 35 years of regular service. It is the case of the petitioner that the amount of gratuity of ₹ 20,00,000/- and leave encashment of ₹ 10,15,300/- have been sanctioned by the respondents, vide office orders dated 05.04.2025 (Annexure P-1, colly.). 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 ₹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 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 Judge 31st December, 2025(rohit)