- (1.) THE appellant filed writ application for claiming interest on retiral dues in the form of gratuity. It was not paid due to pendency of the criminal case relating to disproportionate assets filed under section 13(1) (e) of the Prevention of Corruption Act. The appellant was acquitted on 25.2.2010. Thereafter the petitioner obtained no dues certificates,etc. Payment of gratuity was made on 30.11.2011 after completing the requisite formalities.
(2.) COUNSEL for the appellant submitted that gratuity could not have been withheld due to the fact that other FDRs of the petitioner were also seized amounting to Rs.2 lakhs. Hence, appellant was entitled to interest. After hearing learned counsel for the appellant at length, we are of the opinion that gratuity was withheld due to involvement of the appellant in a criminal case. Gratuity was not payable till the appellant was acquitted. Since he was acquitted in a criminal case, gratuity was paid after due formalities. The payment had been made on 30.11.2011. It could not be said that gratuity was payable in the year 1999 when the appellant reached the age of superannuation. Gratuity was not payable in the year 1999, it became payable after acquittal in criminal case and obtaining the no dues certificate. Thus, interest could not be claimed. It is only when amount is wrongly withheld, interest could be claimed. Submission raised by the counsel for the appellant that FDRs amounting to Rs.2 lakhs were detained by the respondents, as such amount of gratuity should have been released, is of no consequence as seizure of FDR was in criminal case, it was not by the department. After acquittal, as some time was likely to be consumed and no dues certificate was obtained by the appellant only in the year 2011, the payment in 2011 cannot be said to have been made with an inordinate delay entitling the appellant to claim interest for the period after acquittal also. Considering the facts and circumstances of the case, we are not inclined to award interest. We find no ground to interfere in the appeal and the same is hereby dismissed.;