IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2851 of 2024 Date of Decision: 27.2.2025 _____________________________________________________________________ Tarun Bhaikta ……...Petitioner Versus HPTDC and Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Aditya Sood and Mr. Praveen Sharma, Advocates. For the respondents: Ms. Maheshwari Sharma, Advocate. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for following main reliefs: “i. That the writ in the nature of mandamus or any other appropriate writ order or directions may please be issued and the respondents may kindly be directed to release the arrear/revised salary alongwith Dearness Allowances w.e.f. 01.01.2016 till 31.05.2022, in favour of the present petitioner on the basis of revised pay scales alongwith interest @9% per annum. ii. That a writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the respondent to release the benefit of revised gratuity and leave encashment alongwith interest which is still due and payable to the petitioner in terms of the Revised Pay Rules as well as the payment of Gratuity (Amendment) Act, 2018 alongwith interest @9% P.A.” - 2 - 2. Pursuant to notices issued in the instant proceedings, Respondent-corporation has filed reply under the signature of Managing Director, HPTDC, perusal whereof clearly reveals that petitioner is entitled to relief as prayed in the instant petition. 3. Ms. Maheshwari Sharma, Advocate, appearing for the respondent-Corporation states that though petitioner is entitled to the benefit of revised pay scale w.e.f. 1.1.2016, but consequential benefits could not be released to him on account of paucity of funds. She states that as per record, some amount qua DCRG and leave encashment already stands released and balance thereof shall be released positively within a period of two weeks. She further states that as far as amount due, if any, on account of revision of pay is concerned, same shall be paid within four months. 4. Consequently, in view of the aforesaid fair statement made by learned counsel for the respondents, nothing remains to be adjudicated in the instant petition and accordingly same is disposed with direction to the Corporation to ensure that balance amount, if any, on account of DCRG and leave encashment is paid within two weeks and arrears on account of revision of pay is paid within four months, failing which petitioner would be entitled to interest @ 6% on the amount, from the date it fell due and till the date of payment. Pending applications, if any, also stand disposed of. February 27, 2025 (Sandeep Sharma), (manjit) Judge