IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 18774 of 2025

Decided on: 15.12.2025

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Deep Ram …..Petitioner

Versus

Himachal Road Transport Corporation and others

.....Respondents

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Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?

For the Petitioner: Mr. Manohar Lal Sharma, Advocate.

For the Respondents: Mr. Rahul Gathania, Advocate.

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Jyotsna Rewal Dua, Judge

Notice. Mr. Rahul Gathania, learned counsel,

appears and waives service of notice on behalf of the

respondents.

H2. This writ petition has been filed by the

petitioner, who had retired from the service of the respondent–Himachal Road Transport Corporation (HRTC), with the prayer that the respondents may be directed to pay the amount of Gratuity and Leave Encashment alongwith interest for the delay on part of the

respondents.

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

passed by a Division Bench of this Court in Nek Ram versus State of Himachal Pradesh and others, 3. Reliance has been placed on the judgment 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 petitioners within a period of six months. In case the required retiral benefits are not paid to the petitioners within the aforesaid period of six months, then in addition to the due statutory benefits, the petitioners 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 petitioners were held entitled to differential amount of interest between the amount of interest statutorily payable to the petitioners 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 againfst 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- Corporation shall be liable to pay entire retiral dues of the petitioner, including gratuity, arrears of pension and leave encashment alongwith prescribed rate of interest, within a period of six months from the due date till the actual payment is made.

H In view of above, this writ petition is disposed of with a direction to the respondents to pay the amount of gratuity and leave encashment to the petitioner with actual rate of interest as per applicable rules till the time of actual payment, which shall be paid to him 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 annum till the date of its actual payment. Pending miscellaneous application(s), if any, shall also stand disposed of.

Jyotsna Rewal Dua December 15, 2025 Judge yogesh