T P NAIK Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of an appropriate writ, order or direction, commanding the respondents to determine and assess the amount due to him on account of death-cum-retirement gratuity and pay the same with interest at the rate of 18% per annum from the date of his retirement.

(2.) Shorn of unnecessary details, facts giving rise to the present writ petition are that the petitioner was elevated as a Judge of the High Court of Judicature at Nagpur on 21-2-1955. After the reorganisation of the States, the petitioner became a Judge of the M. P. High Court on 1-11-56. The petitioner laid down his office as such, on 8-5-1972, after attaining the age of 62 years. As he was not paid the death-cum-retirement gratuity (hereinafter referred to as the DCRG), he preferred the present writ petition. After the "rule nisi" was issued, respondent No. 1 has appeared and filed return and has stated that in pursuance of the circular dated 6-9-96 the petitioner is entitled to the payment of DCRG as per the rates/scales as existed on his date of retirement. It is the stand of the respondents that in view of the aforesaid circular the petitioner is entitled to 12 per cent interest from 13-5-88 also. It is the stand of the respondents that DCRG has been paid to the petitioner according to the provisions existing at the time of his retirement as also interest at the rate of 12% from 13-5-88 i.e. the date on which the Allahabad High Court passed the order in relation to another Judge.

(3.) In view of the pleadings of the parties, points which fall for determination are as follows :-