AB MAJID FAZILI Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner has served the Judicial Department in different capacities and superannuated on 30/09/1990 An. The respondents 2&3 did not release his gratuity, therefore the petitioner filed a writ petition bearing No. SWP 939/91 before the court.

(2.) THE respondents took a stand that the petitioner had drawn a sum of Rs.30,000/ - and Rs.9,440/ - as car advance, which was outstanding against him. This stand of the respondents was disputed by the petitioner in the first instance, however, subsequently, he admitted drawl of Rs.30,000/ -, but not of Rs.9,440/ -. The petition came to be finally disposed of by order dated 28/1071994 and the operative part of the judgment is reproduced hereunder:

(3.) IN consequence to the aforementioned communication, the respondents 2 and 3 released in amount of Rs. 9.440/ - alongwith interest besides a sum of Rs. 11,124/ - which amount was charged by the respondents on Rs. 9.440/ - as interest under a mistaken belief that the amount was drawn by the petitioner as car advance. It being so, a sum of Rs. 20,564/ - stands disbursed to the petitioner in the month of May, 95 and the parties are not at issue on this count. The petitionerâ„¢s case through this writ petition is that he has retired on 0 1 /09/1 990 and the amount of Rs. 20,564/ - had become payable to him on 01/10/1990, which was withheld by the respondents 2 and 3 till May 95, because of their unjustified stand. It is also contended that while disposing of the writ petition No. 939/91, the court has maintained petitioners right in respect of claim of interest by making an observation which reads as under: