RAMANAND JHA " RAMANA" Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The order dated 7.5.2012 passed in W.P.S. No. 5626 of 2009 is impugned in the present review petition. Petitioner was unsuccessful in seeking relief of interest on delayed payment of gratuity amount in the said writ petition. As recorded in the said judgment, no provision of law was shown by the petitioner under which statutory interest will be payable on the delayed payment of gratuity amount. Petitioner, being aggrieved, went in appeal against the said judgment before the Letters Patent Court. L.P.A No. 392 of 2012 was disposed of as withdrawn. The permission to withdraw the appeal was granted on the plea that the Appellant wanted to file a review application before the learned Single Judge. Thereafter in the instant review petition petitioner has relied upon a circular dated 7.11.1981 bearing memo no. PC-2-1-46/79/3155 of the Government of Bihar on the subject of payment of interest on delayed payment on all kinds of pension including Family pension and Death cum Retirement Gratuity. It is appropriate to quote the text of executive instruction :-

(3.) The instant circular of 1981, if not superseded by any subsequent executive instruction or rule was very much in existence when the judgment was passed in the writ petition. Learned counsel for the petitioner however had not been able to show any provision of law under which statutory interest is payable on delayed payment of Gratuity amount when the matter was decided.