Court No. - 16
Case :- WRIT - A No. - 8763 of 2018 Petitioner :- Dr. Sunder Singh Respondent :- State Of Up And Another Counsel for Petitioner :- Ruduvant Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed for a direction upon the respondents to release interest upon the delayed payment of gratuity at the rate of 9%.
Claim of petitioner has been examined by the respondents and rejected vide order dated 27th December, 2017. This order records that there was an issue as to whether the petitioner is a teaching staff or a non-teaching staff, and in respect of such grievance petitioner has approached the Central Administrative Tribunal. The claim of petitioner was accepted by the Tribunal, but the order of Tribunal has been stayed by this Court. It is on account of such dispute that gratuity was not paid. Ultimately, the respondents extended an offer to the petitioner to accept the age of superannuation as 60 years, and immediately after such offer has been accepted by the petitioner his gratuity has been processed and released. Claim for payment of interest has been denied.
In the facts and circumstances, noticed above, this Court finds that there is no unusual delay in release of gratuity and the delay, if any, was contributed by petitioner himself, who had objected to his status as a non-teaching staff. It is otherwise admitted that to a non-teaching staff gratuity is not payable. Petitioner has to blame himself for the delay caused in release of gratuity. In such circumstances, order impugned does not suffer from any illegality.
Writ petition is, accordingly, dismissed.
Order Date :- 28.3.2018 Anil