Alok Sharma, J. - (1.) Aggrieved of the judgment and decree dated 13.08.2012, passed by the learned Additional District Judge No. 2, Jaipur Metropolitan, Jaipur decreeing the plaintiff-respondent's (hereinafter 'the plaintiff') suit for recovery of Rs. 58,650/-, this first appeal under Section 96 CPC has been filed by the defendants-appellants (hereinafter 'the defendants').
(2.) The facts of the case are that the husband of the plaintiff was employed with Ayurved Department, Government of Rajasthan. He expired on 17.04.1991. On this, the plaintiff, being his wife, became entitled for payment of gratuity. The defendants, State of Rajasthan, sanctioned the gratuity amount of Rs. 65,538/-. However, payment only of Rs. 50,538/- was made and Rs. 15,000/- unlawfully withheld by the defendants without any good reason. In these circumstances, the plaintiff filed a suit for recovery of the remainder amount of Rs. 15,000/- on account of gratuity due following her husband's death and also claimed interest thereon @ 18% p.a. for the period commencing 22.06.1992 till the date of filing of the suit in 2008. Further interest pendente lite was also sought.
(3.) On service of notice, the defendants filed a written statement of denial. The trial court, on the basis of the pleadings of the parties, framed two issues which loosely translated in English are as under : (i) as to whether the unlawful detention of Rs. 15,000/- due and payable to the plaintiff on account of gratuity following husband's death was justifiable ? (ii) as to whether the plaintiff was entitled in an aggregate amount of Rs. 58,650/- constituted of principal sum of Rs. 15,000/- and interest thereon @ 18% for the period of unlawful detention of the gratuity payable in law ?;