- (1.) The Intra court appeal has been filed against the judgment and order dated 02.05.2012 passed by the learned single Judge directing the appellant authorities to pay interest on the delayed payment at the statutory rate within six weeks from the date of communication of the impugned order with a further direction to refund a sum of Rs. 1,22,533/- deducted from the gratuity paid to the respondent/writ petitioner along with interest at the rate of 9% per annum thereon. Further, a sum of Rs. 10,000/- was assessed as costs payable to the respondent/writ petitioner. The respondent/writ petitioner has taken voluntary retirement on 1 December 2004. Gratuity was paid belatedly on 22nd March, 2006 after deducting sum of Rs. 1,22,000/- from the said amount on the ground of excess payment to the respondent/writ petitioner on account of erroneous fixation of his pay to a higher scale.
(2.) Writ petition was filed praying for interest on such delayed payment of gratuity with a further prayer for refund of the aforesaid sum deducted from the said sum paid to the respondent/writ petitioner with interest thereon.
(3.) Learned Single Judge held that the higher pay scale of pay was sanctioned to the respondent/writ petitioner by the appellant on consideration of representation made by the respondent/writ petitioner for such relief. Accordingly, such payment was not fraudulently procured and there was no scope of recover of the said amount after his retirement. Single Judge also held that no justifiable reason could be given by the appellant/employer in the matter of delayed payment of gratuity and held that the respondent/writ petitioner was also entitled to statutory interest on such delayed payment.;