Tota Ram vs HPTDC

.

Satyen Vaidya, J

Heard both sides.

The petitioner was an employee of respondent-Corporation and he had retired from service on 31.07.2016 from the post of Mali. In this writ petition, the petitioner has sought release of leave encashment and also grant of benefits of pay scale revision w.e.f. 01.01.2016 with interest.

It is now admitted that the leave encashment amount has been paid to the petitioner, but pay scale revision has been denied.

It is stated by respondent that implementation of revised pay scale requires approval of the Service Committee and Board of Directors of Corporation and the same has not been allowed to any employee of the Corporation.

There are certain allegations made against the petitioner with regard to certain loss allegedly caused to the Corporation, while he was in service, but no disciplinary action was taken against the petitioner while he was in service. Therefore, on the said count, the benefit of revision of pay scale cannot be denied to the petitioner.

Though, the respondent states that the revised pay scale is not yet adopted by the Corporation, but learned counsel states that subsequently in December, 2022, the respondent had adopted the said revised pay scale.

Therefore there is no impediment for making payment of dues to the petitioner on account of revision of pay scale w.e.f 01.01.2016.

Though, learned counsel for respondent sought to contend that there is fund crunch with the respondent and there is difficulty in making the said payment to the petitioner and other similarly placed employees, once the Corporation has taken a conscious decision to give benefit of revised pay scale to its employees, the same cannot be withheld on the ground of financial crunch.

In this view of the matter, the writ petition is allowed and respondent is directed to pay the amount due to the petitioner on account of revision of pay scale w.e.f. 1. 01.2016 within three months, failing which the respondent shall pay interest @ 9% per annum from the date from which the payment fell due till actual payment of the said amount to the petitioner.

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