KULWANT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This is a civil writ petition filed by Smt. Kulwant Kaur wife of iate Santokh Singh whereby she seeks mandamus directing the respondents to pay interest at the rate of 18% p.a. on the late payment of gratuity amount. Sh. Santokh singh was posted as Radio and T.V. Instructor in Government Industrial Training Institute, Batala. He died in harness on 4.6.1991. She applied for family pension and also for payment of gratuity amount which was disbursed to her amounting to Rs. 36,250.00 on 26.11.1996. Her grievance is that gratuity amount should have been disbursed to her soon after 4.6.1991 when her husband died. Gratuity amount was not disbursed to her for five years and four months and thus she was deprived of use of this amount for a period of more than five years i.e. from 5.6.1991 to 26.11.1996. Respondents on the other hand used this amount belonging to her without any right. For the period during which she remained deprived of the used of gratuity amount she should be compensated with interest at the rate of 18% per annum.

(2.) Respondents have not filed any written statement.

(3.) We have heard learned counsel for the petitioner and learned Deputy Advocate General, Punjab.