ASHOK KUMAR SADHOTRA Vs. STATE AND OTHERS

JUDGEMENT

(1.) This petition is filed by the petitioner to seek inter alia a direction to the respondent Nos. 2 to 5 to pay him the retirement gratuity to the tune of Rs. 4,93,477/- in terms of gratuity payment order dated 22.5.2012 and also to pay him the interest @ 24% per annum on his withheld gratuity with effect from 22.5.2012 till it is actually disbursed to the petitioner.

(2.) Short grievance projected by the petitioner in this petition is that he joined the service of the respondents in the year 1974 as Junior Assistant and was posted in the office of Executive Engineer, Estate Division, Rehari, Jammu. The petitioner was subsequently promoted to the post of Estates Officer and retired as such from the office of Deputy Director, Estates with effect from 30.4.2012. The respondent No. 5 recommended the payment of gratuity in favour of the petitioner to the tune of Rs. 4,93,677/- vide GPO dated 22.5.2012 . The petitioner however, was not released the aforesaid amount of gratuity allegedly on the ground that he had failed to submit NDC/NOC from respondent Nos.3 and 4. The petitioner claims to have made several representations to the respondents for the release of gratuity, requesting them categorically to deduct whatever found was due towards any outstanding but nothing was done. The petitioner was denied the gratuity. It is, however, stated that during the pendency of this petition, the gratuity amount of Rs. 4,93,677/- was released in favour of the petitioner after deducting a sum of Rs. 5,240/- as outstanding loan amount and Rs. 9567/- as interest accrued thereon.

(3.) The grievance of the petitioner in so far as payment of gratuity is concerned has been redressed during the pendency of this petition. The only grievance which is left unattended by the respondents is payment of interest on the gratuity which remained withheld by the respondents with effect from 22.5.2012 till 03.01.2017. The petitioner claims that he is entitled for the payment of interest on the aforesaid amount @ 24% per annum.