ROSHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) 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.

(2.) The petitioner, having retired on 28/2/2018 from the post of Driver from the Respondent-Corporation, has filed the writ petition with the following prayers:-

(3.) The petitioner was appointed as a Driver in the Respondent-Corporation on 1/7/1986 in the Head Office of HPTDC at Shimla. After rendering an unblemished services, the petitioner retired, on attaining the age of superannuation on 28/2/2018, after rendering about 36 years of service in the Corporation. Post retirement, the first prayer of the petitioner is that based on Government Notification dtd. 3/1/2022, the Respondent-Corporation issued an order on 26/9/2022, granting the revised pay scales to the employees of the Corporation w.e.f. 1/1/2016, including the Dearness Allowance as made applicable from time to time and arrears accruing therefrom have not been released till day; the second prayer of the petitioner, is that consequent upon the revision of pay scales [on 26/9/2022, Annexure P-2], the Revised Gratuity and Revised Leave Encashment has neither been sanctioned nor released to the petitioner and the rightful dues, have been withheld or release is being delayed without any fault attributed to the petitioner, for which the petitioner is entitled to interest from due date till actual realization. In the above background, the petitioner is praying for; (i) release of revised pay arrears and dearness allowance w.e.f. 1/1/2016 till superannuation on 28/2/2018; and (ii) the revised retiral benefits i.e. Revised Retiral Gratuity and Revised Leave Encashment; and (iii) interest @ 9% per annum for delayed release of benefits from due date till realization.