IMPORTANT POINT
The main legal point established in the judgment is the entitlement of the petitioner to revised gratuity and leave encashment as per the relevant rules and judgments, and the obligation of the Respondent-Corporation to release the benefits and statutory interest within a specified time frame.

JUDGMENT :

Ranjan Sharma, J.

Notice. Mr. Shivank Singh Panta, Advocate appears and waives service of notice on behalf of the respondents.

2. With the consent of the parties, the instant writ petition, is taken up for disposal, at this stage, in view of the order(s) intended to be passed hereinafter.

3. The petitioner, having retired on 30.06.2021, as Commi-II, has filed the writ petition with the following prayer(s):-

“(i) That the directions may kindly be issued to the respondent corporation to pay the amount of gratuity (DCRG)and leave encashment along with interest @ 9 % per annum to the petitioner w.e.f.due date i.e. 01.07.2021 till the date of its realization.”

4. Case of the petitioner is that he retired from service of the Respondent-Corporation as a Commi-III on 30.06.2021 after his superannuation, the State Government issued the H.P. Civil Services (Revised Pay) Rules on 03.01.2022, revising the pay scales of its employees w.e.f. 01.01.2016; and thereafter the State Authorities issued another Office Memorandum on 25.2.2023 giving the revised retiral benefits i.e. revised pension, revised gratuity, revised commuted pension and revised leave encashment to its employees w.e.f. 1.01.2016. Paras 6.1 and 6.2 of Office Memorandum dated 25.2.2023, dealing with admissibility of “Retirement Gratuity/DCRG” whereby the maximum amount of DCRG of Rs.10,00,000/- (Rupees Ten Lakhs) was enhanced to Rs.20,00,000/-(Rupees Twenty Lakhs) w.e.f. 01.01.2016, reads as under:-

6.1 The rates for payment of death gratuity shall be revised as under:-

6.2 The maximum limit of retirement gratuity and death gratuity is enhanced from Rs.10 Lakhs to Rs.20 Lakh. The revised rates of retirement gratuity and death gratuity shall be admissible w.e.f. 01.01.2016.

The first proviso under Rule 50(1)(b) of CCS (Pension) Rules, 1972 shall stand modified to this extent.”

5. Learned counsel for the petitioner submits once the Office Memorandum(s) dated 03.01.2022 giving revised pay scale w.e.f.01.01.2016 and the Office Memorandum dated 25.2.2023, giving revised retiral benefits w.e.f 01.01.2016 to the employees of the State Government have been adopted by the Respondent-Corporation then, the employees of the Corporation, including the petitioner is eligible for admissible amount of Revised Gratuity/DCRG, out of the enhanced limit of Gratuity of Rs.20,00,000/- (Twenty Lakhs) w.e.f. 01.01.2016.

6. In these circumstances, learned counsel for petitioner submits that once the petitioner retired on 30.6.2021, then the petitioner is entitled to the Revised/Enhanced Gratuity, under the CCS(Pension) Rules on the date of retirement but the Respondent-Corporation has revised an amount of Rs. 1,00,000/-(Rupees One Lakh Only) whereas the “admissible amount of Revised Gratuity” has been withheld till day. He further submits that the non-release/withholding of Revised Enhanced Gratuity without giving prior notice, without giving personal hearing is illegal. Learned counsel for the petitioner submits that once neither any departmental proceedings nor any criminal prosecution was pending or date of retirement then, denial or withholding revised Gratuity is illegal. It is further submitted that once no Government-Corporation Dues are outstanding against the petitioner on the date of retirement then, the withholding, non release of “admissible amount of Revised Gratuity”, without the authority of law, is violative of Articles 14, 16 and Article 300-A of the Constitution of India.

7. Learned counsel for the petitioner further submits that in view of the non-release/withhold