Kashmir Singh v. Hrtc and Another

2026:HHC:33309

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.7665

of 2026

Decided on: 10

th August, 2026

___________________________________________________________________ Kashmir Singh ....Petitioner Versus HRTC and another ...Respondents _____________________________________________________________________ Coram Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting? 1 For the petitioner: Mr. Ravneet Kumar, Advocate. For the respondents: Mr. Raman Jamalta, Advocate. Jiya Lal Bhardwaj, Judge (Oral)

By way of present petition, the petitioner has prayed for the following substantive reliefs:- "(i) That the respondents may kindly be directed to pay the full amount of Gratuity and leave encashment, alongwith interest @9% per annum on the pending dues under law.

(ii) That the respondents may very kindly be directed to extend the bene't of the judgment passed by this Hon'ble Court in Nek Ram Versus State of H.P. & others, C.W.P. 3050 of 2014, decided on 17.07.2014, Annexure P-3 to the petitioner forthwith with all consequential bene'ts."

¶2Despite having been granted two opportunities to *le reply to the petition, the same has not been *led. However, keeping in view the fact that the petitioner has prayed to extend 1 Whether reporters of Local Papers may be allowed to see the judgment? him the bene*t of judgment passed by this Court in CWP No. 3050 of 2014, titled, Nek Ram vs. State of H.P. and others, the petition is being disposed of considering the averments made in the writ petition.

¶3The petitioner was appointed as a Driver in the respondent-Corporation and after rendering satisfactory service, retired as Instructor, on attaining the age of superannuation on 30.06.2025. After his retirement, the respondent-Corporation has not paid the retiral bene*ts to him.

¶4It is by now settled in catena of judgments of the Hon'ble Supreme Court that the employer is under obligation to release the retiral bene*ts to its employees within the stipulated period as prescribed under the Central Civil Services (Pension) Rules, 1972 (in short "CCS (Pension) Rules").

¶5Learned counsel appearing for the respondent-Corporation has submitted that in case there is any delay in payment of gratuity, pension and leave encashment, each of them carries statutory interest till the date of actual payment. In other words, he has contended that if there is any fault on the part of the respondent-Corporation, the petitioner is entitled to interest.

¶6Admittedly, the petitioner has retired from service on 30.06.2025 and more than one year has elapsed. If the petitioner has not been paid any retiral bene*ts, the respondent-Corporation is under obligation to pay the retiral bene*ts to him alongwith statutory bene*ts under the CCS (Pension) Rules.

¶7Consequently, the present petition is allowed and the respondent-Corporation is directed to pay the retiral dues to the petitioner within a period of six months alongwith statutory interest as per CCS (Pension) Rules and, in case, the retiral bene*ts are not paid to him within a period of six months from today, the respondent-Corporation shall be liable to pay interest thereon @9% per annum from the due date till actual payment.

¶8The petition is accordingly disposed of. Pending application(s), if any, shall also stand disposed of. th August, 2026

( Jiya Lal Bhardwaj ) (ankit) Judge