High CourtsDivision Bench(2020) 09 SHI CK 0082

Hukam Chand And Others vs State Of H.P. & Others

High Court Of Himachal Pradesh · Decided on 2 September 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3213, 3222, 3224, 3225, 3226 Of 2020

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Judgment

5 paragraphs · 172 words

L. Narayana Swamy , CJ

1.

The petitioners by way of these writ petitions are seeking a writ of mandamus directing the respondents to pay the amount of gratuity to the petitioners in terms of notification dated 18th September, 2017, with all the benefits incidental thereof.

2.

We may observe here that whenever the petitioners seek a writ of mandamus, there shall be a statutory demand and also they should take a ground that the respondents are under statutory duty to dispose of their statutory demand. Here the petitioners are silent and also had not approached the respondents for making any such statutory demand.

3.

Under these circumstances, we dispose of these writ petitions permitting the petitioners to make a statutory demand to the respondents and the respondents are directed to examine the entitlement of the petitioners for payment of gratuity with reference to the existing Rules and pass appropriate orders within a period of three months from the date of statutory demand.

4.

Pending application(s), if any, also stand(s) disposed of.