PROF. MADAN MOHAN Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking retirement gratuity due to the Petitioner from 31/3/2018, i.e., the date of his superannuation along with interest at the rate of 18% per annum till the date of actual payment.

(2.) Petitioner joined the University of Delhi as a Professor on 6/11/2006. In the wake of his impending retirement, Petitioner made a representation on 12/2/2018 to settle his retirement dues. Upon retirement, Petitioner received all his dues except retirement gratuity. In response to Petitioner's request, he was informed vide letter dtd. 8/5/2018 by the University that benefit of retirement gratuity had been withheld pending a decision with regard to payment of gratuity to those covered under the New Pension Scheme ('NPS'). Petitioner thereafter made several representations followed by a legal notice, but the gratuity was not released compelling the Petitioner to approach this Court.

(3.) Learned counsel for the Petitioner, during the course of hearing hands over a document which is an Internal Audit Sec. II Note dtd. 5/10/2023 and concedes that the retirement gratuity to the tune of Rs.14,38,204.00 has been received by the Petitioner but prays for interest on delayed payment of gratuity as the same has been paid on 5/10/2023, whereas it was due and payable on 31/3/2018. It is argued that Petitioner is entitled to compound interest in accordance with Sec. 8 of the Payment of Gratuity Act, 1972 (hereinafter referred to as '1972 Act') or in the alternative, at the rate of 10% per annum under Sec. 7 (3-A) of the 1972 Act.