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2026 DAILYLAW 24700 (HP)

ASHOK KUMAR v. THE HPTDCL AND OTHERS

CWP/6185/2026 · 2026-09-24

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6185 of 2026 Decided on: 24th September, 2026 ------------------------------------------------------------------------------------- Ashok Kumar …..Petitioner Versus Himachal Pradesh Tourism Development Corporation Limited and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Diwan Singh Negi, Advocate. For the Respondents: Ms. Suchita Kaintura, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Even though the respondents have not filed reply, however, with the consent of learned counsel for the parties, the matter is heard at this stage. 2. This writ petition has been filed for the grant of following substantive reliefs:- “a) That a writ of mandamus or any other appropriate writ order or direction may kindly be issued directing the respondents to release the sanctioned amount of Gratuity & leave encashment as per Annexure P-1 & Annexure P-2 respectively in favour of the petitioner by the respondents, alongwith interest @ 9% per annum on account of delayed period payments from due date till the date of its realization, in view of judgment dated 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 29.05.2024 (Annexure P-3) passed by the Hon’ble High Court of H.P. in CWP No.4174/2024 titled as Vijay Kumar Vs. HPTDC & Anr., and even otherwise on facts and law as stated in the petition as above, the petition may kindly be allowed with costs, in the interest of law and justice. b) That the action of the respondents in withholding or not releasing the retiral benefits of the petitioner from due date till the date of his realization may kindly be held as illegal, arbitrary, discriminatory and violative of Articles 14 & 16 of Constitution of India.” 3. Learned counsel for the petitioner submits that the relief has been claimed on the strength of Tulsi Ram vs. Himachal Pradesh Tourism Development Corporation Limited2. It is an admitted position of the parties that aforesaid judgment is now pending consideration in review petition. 4. Taking note of the grievance of the petitioner, this writ petition is disposed of with directions to the respondents to decide the case of the petitioner for the redressal of the grievances raised herein within six weeks of the adjudication of the review petition. Liberty, however, is reserved to the petitioner to seek appropriate remedy for the redressal of his surviving grievances in accordance with law at an appropriate stage, in case necessity so arises in future. 2 CWP No.4427 of 2023, decided alongwith connected matters on 11.01.2024 3 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua September 24, 2026 Judge Mukesh