HARIKRISHNA JESINGBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present writ petition, the petitioners, inter alia, have prayed for the following relief:-

(2.) By the order dtd. 1/11/2012, this Court had directed the respondent no. 3 to deposit the amount of Rs.63,244.00. It appears that, pursuant to the aforesaid order, such amount has been deposited before the Registry of this Court on 26/12/2012.

(3.) Learned advocate Mr. Daxay Patel appearing for the petitioners has submitted that the petitioner, who retired on reaching the age of superannuation on 30/4/2007, was not paid the gratuity amount. It is submitted that out of the total gratuity amount of Rs.2,37,220.00, the amount of Rs.63,244.00 was withheld without any explanation and straightaway the aforesaid amount is ordered to be deposited by the impugned notice dtd. 18/1/2010 within 7 days. He has submitted that because of some local fund objection, the Nagarpalika has issued such notice. It is submitted that the local fund office had raised the query in the year 2005 and 2006, however the same was not responded by the respondent-Nagarpalika till his retirement and the notice was issued in the year 2010 after the petitioner retired and by that date, such amount was withheld, which constrained the petitioner to file this writ petition.