NARAIN DUTT Vs. STATE OF H.P.

JUDGEMENT

(1.) THE short question involved in this matter is whether the Petitioner is entitled to the amount of Rs. 30,000/ -out of his gratuity which has been withheld on account of the fact that the State claims that it is entitled to recover some amount from the Petitioner on account of withdrawal of two increments.

(2.) IT is not disputed that the Petitioner was initially appointed as Junior Basic Teacher (JBT) in the year 1966. He was promoted as Head Teacher in the year 1997. Thereafter, the Petitioner was promoted as Central Head Teacher and was retired from the said post on 28.2.2002.

(3.) IN view of the fact that the petition of the present Petitioner was allowed and the State has been estopped from making any recovery from the Petitioner and the matter has been closed, the State cannot recover any amount from the Petitioner. Therefore, the amount of gratuity along with the interest has to be released in favour of the Petitioner. Since the judgment in CWP(T) No. 8121 of 2008 was passed by the learned Single Judge only on 29th June, 2009, in my view, the Petitioner is not entitled to any interest till three months after the passing of the said order. Therefore, this petition is allowed and the Respondents are directed to pay the withheld amount of gratuity alongwith interest @ 9% per annum w.e.f. 1.10.2009 till the date of the payment of the same. The payment be made latest by 30th June, 2011 failing which the Respondents shall also be liable to pay interest @ 12% per annum.