PUBLIC WORKS DEPARTMENT Vs. RAM PAL

JUDGEMENT

(1.) Present petition has been filed seeking a writ of mandamus or any other appropriate writ(s) or order(s) to quash the impugned order dtd. 6/12/2021, passed by the respondent No.2 herein allowing the claim application submitted by respondent No.1 and directing the petitioner herein to grant 100% gratuity for services rendered on the Muster-roll alongwith interest at 10% per annum in direct contravention of the rules on the subject.

(2.) At the outset, an objection has been taken by learned counsel for the respondent, who appears on advance notice that the petitioner should first have filed an appeal before the Appellate Authority under Sec. 7(7) of the Payment of Gratuity Act, 1972. It has been stated that earlier also in similar matters the petitions filed were dismissed bearing WP(C) 4912/2022 titled Public Works Department vs. Nanji And Anr., WP(C) 5971/2022 titled The Directorate General of Works, CPWD vs. Gajraj Singh and Ors., WP(C) 5998/2022 titled The Directorate General of Works, CPWD vs. Santokh Singh and Ors, WP(C) 6001/2022 titled The Directorate General of Works, CPWD vs. Prakash Chand and Ors, WP(C) 6013/2022 titled The Directorate General of Works, CPWD vs. Shashi Devi and Ors, WP(C) 6015/2022 titled The Directorate General of Works, CPWD vs. Ram Kishan and Ors. and WP(C) 6028/2022 titled The Directorate General of Works, CPWD vs. Babu Lal and Ors.

(3.) Learned counsel for the respondents submits that in view of the decision of this Court in WP(C) 4900/2022 titled Public Work Department vs. Sh. Budhi Ram and Anr., the petition is liable to be relegated to the Appellate Court for filing of an appeal.