IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos. 8545 of 2011 & 8589 of 2011-I Date of Decision : 18.10.2011 CWP No. 8545 of 2011 Kundan Sharma …..Petitioner Versus H.P. Horticulture Produce Mktg. & Processing Corpn. …Respondent CWP No. 8589 of 2011-I Nanak Singh …..Petitioner Versus H.P. Horticulture Produce Mktg. & Processing Corpn. …Respondent Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge For the petitioner(s) :Mr. S. C. Sharma, Advocate. For the respondent :Mr.Avneesh Bhardwaj, Advocate Sanjay Karol, J. (Oral) The instant petitions, as is so stated by the learned counsel for the parties, are squarely covered by the judgment dated 18.10.2011 delivered in CWP No. 5380 of 2011 titled as Kanha Singh vs. H.P. Horticulture Produce Mktg. & Processing Corporation alongwith other connected matters. 2. The judgment was passed on the basis of the agreement arrived at between the parties. Operative portion thereof reads as under:- “4. There is no serious dispute with respect to the release of the gratuity and leave encashment to the petitioners by the - 2 - respondent-Corporation. However, Shri Madan Chauhan, MD submitted that presently the Corporation is undergoing financial crunch and have decided to dispose of its assets situated outside the State in order to improve the financial position so that the respondent- Corporation is able to pay at least the gratuity and leave encashment to its retirees. He also submitted that the permission has been sought to dispose of the land situated at Chennai, which is a valuable piece of land and the tender is likely to be floated and it might bring substantial amount by disposing it of. He also submitted that in case some relaxation in the interest is given, it would be a great respite to the Corporation and at the same time, the Corporation would be able to make the payments to the present petitioners. He further assured that every endeavour shall be made to pay the gratuity and leave encashment to the petitioners within a period of two months and in case the Corporation fails to pay the amount, the petitioner would be entitled to interest in accordance with law. 5. Learned Counsel for the petitioners on the representation and submissions made by Shri Madan Chauhan, MD, submitted that the petitioners, who have spent their life to serve the Corporation, agrees to this settlement so that the petitioners get their due and admissible amount at the earliest as it had already been delayed. 6. In view of above, there shall be a direction to the respondent-Corporation that every endeavour shall be made by them to pay the gratuity/leave encashment amount due and admissible to the petitioners on or before - 3 - 31.12.2011 which shall not carry any interest, failing which the amount due shall carry simple interest at the rate of 12% from the date it fell due to each of the petitioners irrespective of the fact whether the respondents are able to sell out their property referred above, or not, it shall not be a cause not to release the aforesaid amount to the petitioners. 7. In so far as the third relief is concerned, the petitioners shall make representation on or before 18.11.2011 to the respondent-Corporation with respect to the grant of revised pay scale with effect from 1.1.2006 alongwith arrears of the D.A. as admissible and the respondent-Corporation shall take a final decision in the matter on or before 31.3.2012.” 3. It is not in dispute that the judgment has attained finality. As such, there shall be a direction to the parties to take appropriate action in terms of the aforesaid judgment on or before 31.03.2012. 4. With these observations, the writ petitions are disposed of, so also the pending application(s) if any. (Justice Kurian Joseph), Chief Justice. (Justice Sanjay Karol), Judge. October 18, 2011 (rana)