High CourtsDivision Bench(2011) 05 SHI CK 0259

Jagar Nath vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 3 May 2011

HON’BLE JUDGES
Kurian Joseph, C.J · Sanjay Karol, J
CASE NUMBER
CWP No. 2381 of 2011

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Judgment

5 paragraphs · 234 words

Kurian Joseph, C.J.—These petitions have been filed with similar set of prayers and one such main prayer, reads as follows:

i) That the Petitioner be ordered to be paid the gratuity with interest for daily wager as Beldar for daily waged period w.e.f. 1990 to 31.12.2002.

2.

According to the Petitioners, the issue regarding entitlement for gratuity is covered by the decision of this Court in State of H.P. v. Lashkri Ram in CWP No. 150 of 2004 and followed in many other cases.

3.

Learned Deputy Advocate General points out that the factual aspects are to be verified by the competent authority. The Petitioners submit that they would file appropriate representation(s) furnishing all factual details before the competent authority within a period of one month from today. It is always open for them to do so. In case the Petitioners are similarly situated, they shall not be discriminated and the matter will be duly considered by the first Respondent/competent authority in the light of the judgments, referred to above and appropriate action in accordance with law, by disbursing the eligible benefits by way of gratuity, will be taken within another three months from the date of receipt of the representation alongwith a copy of this judgment and the copies of the judgments, referred to above by the Petitioner concerned.

4.

The Writ Petitions are disposed of, so also the pending application(s), if any.