AMBIKA CHARAN AWASTHY Vs. STATE OF M P

JUDGEMENT

(1.) DEFENSIBILITY of the order dated October 19, 2001 passed by the learned single Judge in W. P. No. 3211/2001 is called in question in this appeal preferred under Clause 10 of the Letters Patent.

(2.) SANS unnecessary details the essential facts which need (sic) to be stated are that the petitioner worked as a Lower Division Clerk in the Janpad Panchayat, Raheli in the district of Sagar. He availed voluntary retirement w. e. f. May 31, 1992. As his gratuity amount was not paid in spite of his entitlement to receive he visited this Court in the aforesaid writ petition. During the pendency of the writ petition a sum of Rs. 26,565/- was quantified towards gratuity and the same was sent by a cheque dated July 31, 2001 by registered post with acknowledgment due. The said amount was not received by the appellant but later on it was received. The writ petition was filed on the ground that the petitioner was entitled to gratuity from the very beginning and hence he should have been paid and as there had been substantial delay in payment of such gratuity he is entitled to interest at the rate of 18% per annum. In addition to claim of interest there was also prayer for payment of compensation of Rs. 50,000/ -.

(3.) IT was contended before the learned single Judge that the delay caused by respondent No. 4 was absolutely unwarranted and, therefore, the interest should be granted. It was also putforth that the quantification of gratuity at Rs. 26,565/- is erroneous as the appellant is entitled to a sum of Rs. 31,878/ -. Reliance was placed on the decision rendered in the case of Luxmi Kishore Gupta v. M. P. S. R. T. C. and 2 Ors. , W. P. No. 88672000.