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2025 DAILYLAW 7406 (HP)

TEK SINGH v. STATE OF HP AND OTHERS

CWP/2558/2025 · 2025-05-14

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2558/2025 Decided on: 14.05.2025 Tek Singh …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Bonit Parkash, Advocate. For the respondents: Mr. Rajat Choudhary, Assistant Advocate General. Jyotsna Rewal Dua, J. Following order was passed in the matter on 02.05.2025:- “Previous orders passed in this petition from time to time have not been implemented. Petitioner is still awaiting release of gratuity in terms of order dated 28.12.2023 passed by the Labour Officer, Mandi. Learned Deputy Advocate General submits that respondents now intend to assail the above order. Till the time, there is no prohibition against enforcing of the order dated 28.12.2023, respondents are bound to implement the same. Under the aforesaid order, petitioner has been held entitled to gratuity of an amount of Rs.3,20,896/- alongwith interest @9% w.e.f. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 01.03.2021 to 30.04.2025, total amount quantified at Rs.4,41,232/- as on 30.04.2024. Faced with above, learned Deputy Advocate General, seeks a week’s time to have further instructions. As prayed for, list on 14.05.2025.” 2. In compliance thereto, learned Assistant Advocate General has placed on record office instructions dated 13.05.2025 from the Director of School Education, H.P., relevant portion of which, read as under:- “Subject: CWP No. 2558/2025 Tek Singh Vs State. Sir. I have the honour to refer to the above mentioned Civil Writ Petition, which is pending adjudication before the Hon'ble High Court. This Case was listed before the Hon'ble High Court on 02.05.2025, when the Hon'ble High Court has directed the respondents to impart instructions in the matter. The case has been ordered to be listed on 14.05.2025. In this regard, it is submitted that the matter has been examined as per order dated 28.12.2023 passed by the Labour Officer Mandi and decided to comply with the order subject to final outcome of appeal as per law. It is therefore, requested to apprise the Hon'ble High Court on the next date of hearing i.e. 14.05.2025, please.” 3. In view of above, this writ petition is disposed of by directing Competent Authority/Director of School Education, Himachal 3 Pradesh to release the gratuity to the petitioner in terms of order dated 28.12.2023 passed by the Labour Officer, Mandi within one week from today. Such release shall abide by the outcome of the appeal intended to be filed by the respondents as indicated in the above quoted instructions. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 14th May, 2025(rohit)