PURSHOTTOM DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The claim of the petitioner is on account of interest for the delayed payment of gratuity to the petitioner. The petitioner retired from the Railway Protection Force on March 31, 2013. The gratuity due to the petitioner was paid in June, 2014. The parties have referred to Rules 10(c) and 87 of the Railway Services (Pension) Rules, 1993 and a circular of the Railway Board of November 6, 2008 that mandates the payment of interest at 12% per annum compounded annually for delayed payment of gratuity beyond three months of the date of retirement.

(2.) The petitioner was issued a charge-sheet in connection with departmental action proposed to be taken against the petitioner. The petitioner challenged the charge sheet in this court and by an order dated April 7, 2009, the charge-sheet of January 8, 2009 was set aside with liberty to the employer to proceed afresh against the petitioner in accordance with law on similar allegations.

(3.) The employer preferred an appeal from the order dated April 7, 2009, but did not obtain any interim order in the appeal. Such appeal, FMA 1427 of 2011, was disposed of on April 17, 2014 by directing the employer to disburse the admissible retiral benefits of the petitioner herein within a period of three weeks of the date of communication of such order. It is not in dispute that within reasonable time of such order, the gratuity of the petitioner was released by June, 2014.