Only issue involved in the present writ petition is as to whether the employee concerned would be entitled to interest on the delayed payment of gratuity from the date the revision in the pay-scale was notified or fro the date of retirement specifically in the circumstance, when revision of the pay-scale was enforced under the notification dated 13th January, 2005 w.e.f. 1st January, 1996 and the employee had retired in the year 1997. The disputed period being 1996 to 2005. There is no dispute with regard to the payment of interest subsequent to 13th January, 2005 on the delayed payment of gratuity.
Notice on behalf of respondent nos. 1 and 2 has been accepted by the learned Standing Counsel.
Issue notice to respondent no.3 by registered post fixing 26th February, 2010 as the date.
Petitioner to take steps within a week.
All the respondents may file counter affidavit by the next date fixed.
List on the date fixed.
In the meantime, petitioner may deposit entire balance amount of gratuity provided it has already not been deposited. He must further deposit the interest at the rate of 6% for the period 13th January, 2005 till the actual date of payment of the balance gratuity within one month with the appellate authority, which may be released in favour of the claimant without insisting upon any security. Balance interest shall remain stayed on fulfillment of conditions mentioned above.
Order Date :- 12.1.2010 Sushil/-