IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos. 16578 & 16580 of 2025 Decided on: 28.11.2025.

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1. CWP No. 16578 of 2025 Rajinder Pal …..Petitioner Versus Himachal Road Transport Corporaotion & others .....Respondents

2. CWP No. 16580 of 2025 Surinder Pal …..Petitioner Versus Himachal Road Transport Corporation & others .....Respondents -------------------------------------------------------------------------

Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?

iFor the Petitioner(s): Mr. Manohar Lal Sharma, Advocate.

For the Respondents: Mr. Vinod K. Gupta, Advocate in both writ petitions.

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Jyotsna Rewal Dua, Judge Notice. Mr. Vinod K. Gupta, learned counsel, appears and waives service of notice on behalf of the respondents in both writ petitions.

2. These writ petitions have been filed by the petitioner(s), who had retired from the service of the

Whether reporters of print and electronic media may be allowed to see the order? Yes.

with the prayer that the respondents may be directed to release the amount of pension, commuted value of pension, gratuity and leave encashment alongwith interest for the delay on part of the respondents.

3. Reliance has been placed on the judgment passed by a Division Bench of this Court in Nek Ram versus State of Himachal Pradesh and others, [respondent–Himachal Road Transport Corporation (HRTC),] and also on a subsequent order of this Court in Sh. Subhash Chand versus The Himachal Road Transport Corporation, Shimla and others alongwith connected matters³ in which, the respondents were directed to pay the retiral benefits to the petitioner(s) within a period of six months. In case the required retiral benefits are not paid to the petitioner(s) within the Haforesaid period of six months, then in addition to the due statutory benefits, the petitioner(s) shall also be paid interest at the rate of 9% per annum beyond the period of six months till the date of actual payment.

4. In another subsequent order of this Court passed in Ram Lal versus The Himachal Pradesh Tourism Development Corporation Ltd. and another and the connected matter⁴, the respondents were directed to make payment of gratuity to the petitioners within a period of six months from the date of passing of the order. In the event of non-payment of due amount, the petitioner(s) were held entitled to differential amount of interest between the amount of finterest statutorily payable to the petitioner(s) as per the Payment of Gratuity Act and the interest at the rate of 9% per annum for the period of delay beyond six months.

5. While disposing of Review Petition No.110 of 2021 on 25.11.2021, preferred against the order dated 09.11.2021 passed in CWP No.6928 of 2021, in which, the aforesaid order dated 25.08.2021 passed in Subhash Chand³ was relied upon, this Court has clari aforesaid order in the terms that the respondent-

HCorporation shall be liable to pay entire retiral dues of the petitioner, including amount of Gratuity and Leave Encashment and interest amount of Commute Pension alongwith prescribed rate of interest, within a period of six months from the due date till the actual payment is made. 6. In view of above, these writ petitions are disposed of with a direction to the respondents to release to the petitioner(s) the amount of pension, commuted value of pension, gratuity and leave encashment with actual rate of interest as per applicable rules, till the time of actual payment, which shall be paid to them within a period of six months from today. The due amount of payment, if delayed beyond six months, shall be paid with interest to the rate of 9% per annumf till the date of its actual payment. Pending miscellaneous application(s), if any, shall also stand disposed of.

Jyotsna Rewal Dua November 28, 2o025 Judge yogesh