STATE OF GUJARAT Vs. M R JADEJA

JUDGEMENT

(1.) By this appeal under clause 15 of the Letters Patent, the appellant State of Gujarat has challenged the judgment and order dated 26th July, 2004 passed by the learned Single Judge in the above numbered Special Civil Application whereby it has been held that the respondent/original petitioner shall be entitled to receive interest at 9% per annum over the amount of gratuity for the period commencing from 1st Feb, 2000 till the date of payment i.e. 15th March, 2002.

(2.) The facts giving rise to the present appeal are that the respondent was working as a Medical Officer under the State Government and retired on 31st October, 1999 on attaining the age of superannuation. Prior to his retirement, on 30th October, 1999, a disciplinary proceeding was initiated against the respondent which culminated into an order dated 1st October, 2001 whereby the respondent was visited with punishment of reduction in pension of Rs.100/- per month for a period of one year. After the said order of punishment the Competent Authority by an order dated 16th February, 2002 sanctioned payment of gratuity in the sum of Rs.3,50,000/- which was paid to the respondent on 15th March, 2002. It appears that during the pendency of the disciplinary proceeding, the respondent had made an application for pension pursuant to which by an order dated 18th February, 2000 provisional pension equivalent to 100% of the pension was sanctioned in favour of the respondent.

(3.) According to the respondent the appellants had paid the amount of pension and gratuity belatedly after a lapse of 28 months from the date of retirement and therefore, he was entitled to interest on the amount of pension and gratuity. He, therefore approached this Court by way of the above numbered writ petition praying for the following substantial relief: