IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 8340 of 2008. Decided on 3rd December, 2010. Dhani Ram. …Petitioner. -Versus- Himachal Tourism Department Corporation. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. P.K. Singh, Advocate vice Mr. Dushyant Dadhwal, Advocate. For the respondent. : None. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Case of the petitioner, in a nut-shell, is that though he has retired on 30th November, 1999, however, the retiral benefits, including leave encashment were released to him on 30th November, 2001. It is settled law that the retiral benefits have to be paid immediately they become due. In the present case, the gratuity amounting to `55,074/- has been paid to the petitioner on 13.11.2001, i.e., after a period of more than two years. The petitioner was entitled to interest as per Rule 68 of the C.C.S. (Pension) Rules, 1972 read with instruction No. (ii) appended thereto. The petitioner was also entitled to interest on the delayed payment of leave encashment amounting to `18907/-. 2. Consequently, the petition is disposed of with a direction to the respondents to pay the petitioner interest on the delayed payment of gratuity amounting to `55,074/- as laid 1 Whether the reporters of the local papers may be allowed to see the judgment? No. - 2 - down under Rule 68 of the C.C.S. (Pension) Rules, 1972 read with instruction No. (ii) appended thereto and also to pay the interest @7% per annum on the delayed payment of leave encashment amounting to amounting to `18907/-. No costs. Copy dasti, on usual terms. (Rajiv Sharma) Judge December 03, 2010. (bhupender) - 3 -