Y.S. PARMAR UNIVERSITY OF HORTICULTURE AND FORESTRY Vs. WELFARE SOCIETY OF RETIRED TEACHERS/SCIENTISTS OF DR. Y.S. PARMAR UNIVERSITY

JUDGEMENT

(1.) By means of the present appeal, the appellant/writ respondent No.1 has challenged the judgment, dated 24th June, 2013, passed by a learned Single Judge of this Court, in CWP No.3507 of 2012, titled Welfare Society of Retired Teachers/Scientists of Dr.Y.S. Parmar UHF, Solan vs. Dr.Y.S. Parmar University of H&F, Solan, H.P. and others, whereby the Writ Court, after examining the pleadings and the Rules applicable, held that the decision of the writ respondents was not in accordance with law and accordingly, the respondent-University was directed to pay the arrears of revised pension to the members of the petitioner-Society w.e.f. 1.1.2006 to 31.3.2011, with interest at the rate of 9% per annum. The respondent-University was further directed to pay Death-cum-Retirement Gratuity on revised rate w.e.f. 1.1.2006, with maximum limit of Rs.10.00 lacs, at par with the State Government employees, with interest as prescribed under rule 68 of the Central Civil Services (Pension) Rules, 1972 read with instruction No.II appended thereto.

(2.) The writ respondent No.1/appellant satisfied the impugned judgment by making the revised payment, but contested the same, by means of the present appeal, so far as it relates to interest on the gratuity amount.

(3.) Ms.Ranjana Parmar, learned counsel for the appellant, argued that the appellant-University made all efforts to pay the gratuity to the members of the petitioner-Society at revised rates, which fact, as submitted, is evident from the correspondence which took place between the appellant- University and the State Government in terms of Annexures P-7, and P-9 on the writ file, but the State Government, which is the final Authority, has not accorded its concurrence (Annexure P- 8). Thus, it was submitted by the learned counsel for the appellant that the delay is not attributable to the appellant- University.