MUKANDI LAL SINGLA Vs. UCO BANK AND ORS.

JUDGEMENT

(1.) By way of the instant writ petition, under Article 226 of the Constitution of India, the petitioner seeks direction to the respondents to grant interest @ 15% on the delayed payment of gratuity which was released to the petitioner after more than 12 years of retirement without any interest.

(2.) Admittedly, the criminal proceedings are pending against the petitioner. However, this is to be noticed that the case was registered in the year 1981 on account of missing/untraceable judicial record since 1991, there has been no progress of the criminal case. This Court is of the view that the petitioner is not responsible for the delay in disposal of the criminal proceedings. In fact the pendency of the criminal case would not be relevant in this case, in view of the clarification made in Annexure P-1, the relevant of which is reproduced as under:--

(3.) The petitioner retired on 30.11.2000 and the gratuity amount was released on 18.1.2013, after more than 12 years, without any interest thereof. Once the payment towards gratuity has been released, the consequential benefit cannot be withheld.