Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.5316 of 2025
Decided on: 20th May, 2025 _________________________________________________________________ Chuni Lal
....Petitioner
Versus HPTDC Ltd.
…Respondent _________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Om Parkash Goel, Advocate.
For the respondent: Ms. Maheshwari Sharma, Advocate.
Jyotsna Rewal Dua, Judge
Notice. Ms. Maheshwari Sharma, learned Counsel, appears and waives service of notice on behalf of the respondent.
2.
This writ petition has been filed for grant of following relief:-
“a) That the writ of mandamus: or any other appropriate writ order or direction may kindly be issued directing the Respondent to release the Arrear of Salary+Dearness Allowance w.e.f. 1.1.2016 to 28.02.2021, revised amount of
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 - Gratuity & Leave Encashment & other due and payable benefits to the petitioner in terms of revision of pay scales w.e.f.1.1.2016, in accordance with Law along with interest @ 9% per annum on account of delayed period payments from due date till the date of its realization in view of the law settled by this Hon'ble Court in CWP No. 2473 of 2022 titled as Salig Ram Chauhan Vs HPMC &. Anr. decided on
Dated 04.07.2023 ANNEXURE P-2 and CWP No. 6678 of 2023 titled Hari Ram Vs HPTDC decided on dated 20.03.2024 Annexure P-3. respectively. in the similarly situated facts & circumstances.”
3.
In light of the fact that demand is with regard to the undisputed amount, this Court is of the view that non- payment thereof cannot be justified by the respondent- Corporation on any count.
4.
Accordingly, this petition is disposed of with the direction that all the emoluments as are due to the petitioner be paid to him within a period of four weeks from today alongwith statutory interest as well as other interest prayed for from the date of filing of the petition. Pending miscellaneous application(s), if any also stand disposed of accordingly.
Jyotsna Rewal Dua
Judge May 20, 2025 R.Atal