UNION OF INDIA & ORS Vs. KUNDAN

JUDGEMENT

(1.) The present writ petition under Article 226/227 of the Constitution of India has been filed seeking quashing and setting aside of the judgment dated 26.09.2016 and 13.09.2017 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 3472/2015, whereby the learned Tribunal has allowed the OA and has directed the petitioners herein to pay leave encashment to the respondent herein as per rules alongwith interest @8% as well as pay interest on delayed payment of gratuity at GPF Rates in accordance with the provisions contained in The Payment of Gratuity Act, 1972.

(2.) The brief facts necessary for adjudication of the present writ petition are as follows:

(3.) When the present writ petition came for admission before this Court on 12.04.2018, the learned counsel for the petitioners stated, on instructions, that the respondent had filed a contempt petition for execution of the impugned judgment and it was listing before the learned Tribunal on 18.04.2018. This court had then directed the petitioners to deposit the amount payable to the respondent on account of leave encashment as well as the entire interest on delayed payment of gratuity, in terms of the impugned judgment in favour of the respondent, within four weeks from the date of the order and subject to this, the operation of the impugned judgment was stayed till further orders. Further this Court had directed that the amount so deposited will be placed in a FDR by the registry for a period of 6 months, to be renewed thereafter from time to time till further orders. Finally, the petitioners paid Rs.5,904/- to the respondent on 24.05.2018 towards the interest on delayed payment of gratuity and a receipt to that effect was placed on record of this Court. A demand draft dated 24.05.2018 was also prepared for a sum of Rs.89,016/- and was deposited with the registry of this Court.