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2025 DAILYLAW 6148 (HP)

TEK CHAND v. HPTDC AND ANR

EX.P./59/2025 · 2025-03-11

Sandeep Sharma

body2025

Judgment text

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2025:HHC:5690 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Execution Petition No.59 of 2025 Date of Decision: 11.03.2025 _____________________________________________________________________ Tek Chand ……...Petitioner Versus The Himachal Pradesh Tourism Development Corporation Limited …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Om Parkash Goel, Advocate. For the respondents: Ms. Maheshwari Sharma, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant execution petition, prayer has been made on behalf of the petitioner for implementation and execution of judgment dated 19.10.2023 passed by this Court in CWP No.7199 of 2023, titled Tek Chand Vs. The Himachal Pradesh Tourism Development Corporation Limited and Another, whereby direction came to be issued to afore respondent to ensure that amount of gratuity and leave encashment is paid to the petitioner within a period of six months along with up-to-date interest. Though this Court while passing aforesaid order specifically made it clear that in case needful is not done within the stipulated time, respondent-Corporation shall be liable to pay interest at the rate of 6% per annum from the date of approval till its release, but fact remains that till date, needful has not 2025:HHC:5690 2 been done and as such, petitioner has approached this Court in the instant proceedings. 2. While putting in appearance on behalf of respondent- Corporation, Ms. Maheshwari Sharma, Advocate, states that principal amount of gratuity and leave encashment already stands released in favour of the petitioner, but interest has not been paid on account of financial crunch. She states that interest, in terms of judgment sought to be executed, shall be paid within a period of three months. 3. Consequently, in view of aforesaid fair stand taken by learned counsel representing the respondent-Corporation, this Court sees no reason to keep the present petition alive and accordingly the same is disposed of, with the direction to respondent-Corporation to ensure that amount on account of interest is paid to the petitioner within a period of three months, failing which, petitioner would be at liberty to get the present petition revived, so that appropriate steps are taken towards attachment of property of department as well as salary of erring officials. March 11, 2025 (Sandeep Sharma), Rajeev Raturi Judge