1. Heard learned advocate Ms. Dhara Shah appearing for the petitioner.
2. Learned advocate Ms.Shah for the petitioner submitted that the respondent authority caused inordinate delay in making payment of amount towards gratuity to the petitioner. She also submitted that the gratuity amount which is paid to the petitioner is short of the amount which is actually payable to the petitioner. It is also claimed that in view of inordinate delay caused by the respondent authority in making payment of the amount towards gratuity, the concerned respondent authority is obliged in law to make payment of interest for the delay caused from their account.
3. It appears that the petitioner had requested to make payment of interest, however, the request has been rejected vide decision dated 29/06/2011.
4. Therefore, the petitioner has preferred present petition.
5. Though advance copy has been served in the office of Government Pleader, learned AGP has pleaded inability to assist the Court and submitted that he does not have any instructions.
6. This has become a routine so far as learned AGP attending the matters on behalf of State authorities concerned.
7. Having regard to the facts and circumstances of the case, the office is directed to issue notice making it returnable on 09/07/2012. The notice shall clarify that if before the returnable date, the respondent authority does not take any appropriate decision and action to make payment of interest at appropriate rate for the intervening period, then the Court may be constrained to pass appropriate order and also allow the cost for present petition which will be payable by the concerned officer responsible to make payment.
(K.M.THAKER, J.) (ila) Top