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Ajitsingh vs District

High Court Of Gujarat|28 October, 2010

JUDGMENT / ORDER

1. By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction directing respondent no. 1 to execute the recovery certificate dated 29/09/1995 issued in favour of the petitioner in pursuance of Recovery Application No. 102/1994. It is further prayed to enhance the rate of interest from 10% simple interest to 18% interest on payment of gratuity payable under the aforesaid recovery certificate.
2. Having heard the learned advocates appearing on behalf of the respective parties, prayer in terms of paragraph 15(B) to enhance the rate of interest from 10% simple interest to 18% interest cannot be granted. The appropriate authority has rightly passed an order to pay the amount of gratuity alongwith simple interest at the rate of 10% per annum.
3. Now so far as the prayer in terms of paragraph 15(A) directing respondent no. 1 to recover the amount of gratuity with 10% interest due and payable under the recovery certificate dated 29/05/1995 is concerned, it appears that the entitlement is not under challenge. There is an order passed in favour of the petitioner directing respondent no. 2 to pay a sum of Rs. 47,104/- towards gratuity with 10% simple interest. It is the duty of respondent no. 1 to recover the said amount when the said recovery certificate is sent to respondent no. 1 for its execution. It appears that respondent no. 1 has failed to discharge the duty in recovering the amount from respondent no. 2 due and payable under the aforesaid recovery certificate.
4. Shri Jigar Patel, learned advocate appearing on behalf of respondent no. 2 has submitted that there is a likelihood of settlement and if within a week there is no settlement the aforesaid amount may be directed to be recovered from respondent no. 2.
5. In view of the above, the present petition is allowed. Respondent no. 1 is hereby directed to recover the amount of Rs. 47,104/- with 10% simple interest from the date of the order passed by the controlling authority under the Payment of Gratuity Act i.e. 29/09/1995 within a period of four weeks from today, failing which the matter shall be viewed very seriously. If, in the meantime, there is any settlement between the petitioner and respondent no. 2, in that case, the amount under the settlement is to be paid by respondent no. 2, failing which respondent no. 1 is directed to recover the amount payable under the recovery certificate within the stipulated time stated hereinabove Direct service is permitted.
(M.R.
SHAH, J.) siji Top
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Title

Ajitsingh vs District

Court

High Court Of Gujarat

JudgmentDate
28 October, 2010