Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
COPC No.1284 of 2025
Decided on: 05.12.2025 _________________________________________________________________ Jeet Singh
....Petitioner
Versus Nipun Jindal and Ors
…Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Ashok Kumar, Advocate.
For the respondents: Mr. Virender Singh Kanwar, Advocate.
Jyotsna Rewal Dua, Judge
Notice. Mr. Virender Singh Kanwar, learned counsel, accepts service of notice on behalf of the respondents.
2.
Learned counsel for the respondents has placed on record office instructions dated 27.05.2025 and on that basis submits that leave encashment due and admissible to the petitioner now stands paid to him. Learned counsel submits that DCRG admissible to the petitioner has been worked out and the same shall also be released in his favour
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
- 2 - within next four weeks i.e. by or before 06.01.2026.
Learned counsel for the petitioner submits that since the respondents have delayed in making payment of retiral benefits, they are required to pay interest to the petitioner in terms of the judgment in question.
3.
Learned counsel for the respondents submits that since the petitioner was facing a trial, arising out of FIR No. 18 of 2014, dated 02.02.2014 registered under Sections 279, 338 and 304A of Indian Penal Code, at Police Station Amb, District Una, H.P., the retiral benefits could not be released in his favour in time. Petitioner was acquitted in the criminal case in March 2025, whereafter, respondent undertook the exercise to release the retiral benefits in his favour. In this regard, the respondents have already preferred petition for reviewing the judgment, which has been alleged to be violated.
4.
In view of above submissions, question of payment of interest to the petitioner on account of delayed payment of retiral benefits is left open. The rights and contentions of both the sides in that regard shall also remain open.
- 3 -
5.
This petition is disposed of, taking note of the
submissions made by learned counsel for the respondents that leave encashment has been paid to the petitioner and due and admissible DCRG shall be released by the respondents within next four weeks i.e. by or before
06.01.2026. Petitioner shall be at liberty to seek appropriate remedy for the redressal of his surviving grievances, if any, including release of interest on account of delayed payment of retiral benefits, at an appropriate stage, in accordance with law.
Pending miscellaneous application(s), if any, also stand disposed of.
Jyotsna Rewal Dua
Judge December 5, 2025 R.Atal