LAWS(DLH)-2018-12-196

UNION OF INDIA & ORS Vs. RAJO

Decided On December 11, 2018
Union Of India And Ors Appellant
V/S
RAJO Respondents

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 06.09.2017 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 708/2015, 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 as per DCRG Rules.

(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 19.03.2018, the learned counsel for the petitioners stated, on instructions, that they were willing to release the interest component payable on the gratuity amount without prejudice to their plea that the respondent had submitted representation only on 17.06.2014 and in these circumstances, they could only be made liable to pay interest on the gratuity from 17.06.2014. It was also pointed out that in the meantime, the respondent had filed a contempt petition for execution of the impugned judgment and it was likely that coercive steps would be taken against the petitioners. 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 favour of the respondent, without prejudice to their rights and subject to such deposit, it was directed that no coercive steps shall be taken in the contempt proceedings.