SATYA BHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed this writ petition seeking a writ of mandamus directing the respondents to pay interest on the delayed amount of gratuity.

(2.) Petitioner, who was working as a Railway Gangman, pursued his educational career and finished matriculation examination and also in due course, was promoted as Permanent Way Mistri in the grade of Rs. 380-560. Petitioner superannuated on 30th June, 2002. He submitted a representation for release of payment of pension, gratuity and other retirement dues together with interest on 9.10.2002. As far as payment of pension and its commuted value and other dues are concerned, the cheque was prepared on 27th June, 2002 i.e. even prior to the date of superannuation. However, with regard to gratuity, a 'No Demand Certificate' was required to be issued by the Chief Administrative Officer (Construction) Northern Railway, Kashmeri Gate, Delhi where the petitioner had last served. This 'No Demand Certificate' was issued only on 9th July, 2004 The respondents thereupon claim to have processed the payment of gratuity immediately and arranged for its payment by 23rd July, 2004

(3.) Learned counsel for the petitioner submits that the payment of gratuity was delayed for a period of two years for no fault of the petitioner who had completed all the formalities on his part. Petitioner, therefore, claims interest.