RAMESHWAR NATH SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) WHILE on employment, appellant was allotted a quarter. He retired on 31.12.1992. It appears that sometime in 1994 the appellant vacated the quarter.

(2.) Subsequent thereto, on 30th January, 1997. the amounts payable to the petitioner on account of his retirement i.e. towards Group Insurance, General Provident Fund etc. along with 90 per cent provisional pension was sanctioned. Even upto 1998 the amount due to the petitioner on account of gratuity was neither sanctioned, nor paid. In the circumstance, the appellant filed a Writ Petition seeking payment of gratuity and interest thereon. In the Writ Petition it was contended that in view of the decision of the Government, the petitioner is entitled to 5 per cent interest on the amount of gratuity. The respondents No. 2 and 3 filed a counter affidavit and thereby contended that the petitioner vacated the quarters in 1994 and 'No Dues Certificate ' was not furnished and accordingly, there has been some delay in releasing the gratuity payable to the petitioner. At the same time it was also contended that 'No Dues Certificate ' has since been received.

(3.) IN the circumstances, the writ petition was disposed of by a learned Single Judge of this Court directing the respondents to pay the amount of gratuity within a period of two months from the date of receipt/production of a copy of the order under appeal.