IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 9521 of 2011-C. Decided on: November 24, 2011. Khushi Ram. Vrs. State of H.P. & ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner: Mr. Naresh Kaul, Advocate. For the Respondents: Mr. R.K.Bawa, AG, with Mr. Ankush Dass Sood, Addl. AG and Mr. J.K.Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayer:- “(i) That the respondents may be directed to release the Gratuity to the petitioner for the continuous daily service rendered w.e.f. May, 1985 till 31.12.1995 (11 years) as per provisions of the Payment of Gratuity Act, 1972 in accordance with the law laid down in a case titled Lashkari Ram supra, along with interest @ 12% per annum.” 2. According to the petitioner, the issue regarding entitlement for gratuity is covered by the decision of this Court in State of H.P. vrs. Lashkari 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 petitioner submits that he would file appropriate representation furnishing all factual details before the competent authority within a period of one month from today. It is always open for him to do so. In case the petitioner is similarly situated, he shall not be discriminated and the matter will be duly considered by the first respondent/competent authority in the light of the judgment, 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 copy of the judgment, referred to above by the petitioner. 4. The writ petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. November 24, 2011. ( Justice Rajiv Sharma), (vs) Judge. 2