- (1.) The dismissal of a writ petition filed by the appellant seeking interest on the delayed payment of gratuity has resulted in a special appeal.
(2.) The appellant was a Tax Clerk in the Nagar Palika Parishad at Jalaun. During his tenure of service, an order for recovery was issued on 22 March, 2002 by the Commissioner, Jhansi Division. The order was challenged by the appellant by instituting writ proceedings under Article 226 of the Constitution (Writ-A No. 21352 of 2002). During the pendency of those proceedings, the appellant retired from service on 31 August, 2007 on attaining the age of superannuation. The writ petition filed by the appellant was allowed by a learned Single Judge of this Court on 18 November, 2013 and the order for recovery was set aside. The appellant was paid his dues on account of gratuity in the amount of Rs. 2,03,049/- on 30 May 2014. The appellant claimed the payment of interest on the basis of a Government Order dated 30 October, 2002 which states that a delay in the payment of gratuity beyond a period of three months would attract simple interest at the rate payable on the General Provident Fund.
(3.) The learned Single Judge dismissed the writ petition on the ground that it was only on 18 November 2013 that the order for recovery was set aside by a learned Single Judge of this Court and that no relief was claimed in the earlier writ petition for the payment of retiral dues including gratuity. Moreover, the learned Single Judge noted that sanction was given by the District Magistrate and the Executive Officer, Nagar Palika Parishad in the months of April and May 2014 following which the gratuity was paid within a period of approximately six months.;