Heard learned Advocate Mr. Dipak H. Sindhi for petitioner and Mr. Anand Sharma, learned AGP for respondent State.
As per para 8(B) of this petition, petitioner is praying to direct respondent NO.2 to 4 to comply with order dated 13.4.2009 passed by Respondent NO. 5 i.e. Controlling Authority under Payment of Gratuity Act, Himmatnagar in Gratuity Case NO. 31 of 2008 and to direct respondent no.2 to 4 to pay gratuity amount of Rs.2,00,340.00 with 10% simple interest from 26.4.2005 to petitioner. Order was passed by Controlling Authority, Himmatnagar in Gratuity Case NO.31 of 2008 dated 13.4.2009 in favour of present petitioner with a direction to Sathamba Gram Panchayat to pay amount of Gratuity to petitioner with 10 per cent simple interest with effect from 26.4.2005. As said amount has not been paid by Sathamba Gram Panchayat, under section 8 of Payment of Gratuity Act, 1972, recovery certificate has been issued by Controlling Authority in favour of District Development Officer, Sabarkantha District Panchayat, Himatnagar dated 21.12.2009.
Learned Advocate Mr. Sindhi for petitioner has submitted that though more than one year has passed, effective steps have not been taken by District Development Officer, Sabarkantha District Panchayat, Himatnagar to recover amount of gratuity from Sathamba Gram Panchayat. It is further submitted by learned advocate Mr. Sindhi for petitioner that order passed by Controlling Authority has not been challenged by Sathamba Gram Panchayat before appellate authority and no stay is operating against order passed by Controlling Authority dated 13.4.2009. He also submitted that inspite of serious and sincere efforts made by petitioner, no recovery is effected by District Development Officer, Sabarkantha District Panchayat, Himatnagar to recover amount of gratuity from Sathamba Gram Panchayat as per recovery certificate issued by Controlling Authority, Himmatngar dated 21.12.2009.
In light of this back ground and considering fact that workman petitioner has retired from service and entitled for amount of gratuity with effect from 25.4.2005, from that date, about more than six years have passed and yet workman has remained without amount of gratuity though order has been passed by Controlling Authority. Therefore, in light of this back ground, it is directed to District Development Officer, Sabarkantha District Panchayat, Himatnagar to execute recovery certificate issued by Controlling Authority, Himmatnagar dated 21.12.2009 for recovering amount of gratuity as ordered by Controlling Authority from Sathamba Gram Panchayat within period of two months from date of receipt of copy of present order and after recovering said amount of gratuity from Sathamba Gram Panchayat, it is directed to District Development Officer, Sabarkantha District Panchayat, Himatnagar to deposit said amount before Controlling Authority, Himmatnagar and thereafter to immediately communicate about such recovery made from Sathamba Gram Panchayat to petitioner.
In view of these observations and directions, this petition is disposed of by this Court without expressing any opinion on merits. DS Permitted.
(H.K.
Rathod,J.) Vyas Top