ANDRIASH CH. MARAK Vs. G.H.A.D.C.

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India is to forthwith release the amount of gratuity to the petitioner sanctioned by respondent No.4 with a further prayer to make payment of interest at the current market rate from the date of entitlement till the date of actual payment.

(2.) The petitioner claims that he was appointed in the year 1978 as casual employee and later on he was regularized in the year 1979. He was appointed to the post of regular Chainman of Land Reforms Branch of Garo Hills Autonomous District Council vide appointment order dated 26.07.1979. The petitioner while in service had undergone the basic course of Lot Mondal and on completion of the same he was appointed as Lol Mondal vide appointment order dated 18.08.1983. He was promoted to Supervisor Kanungo vide appointment order dated 17.10.2012 and retired on 31.01.2016 on attaining the age of superannuation but was granted extension upto 31.05.2016 when he was released from service.

(3.) The respondent No.4 sanctioned a sum of Rs. 9,66,270/- as gratuity which was payable to the petitioner on account of the services rendered by him at the time of superannuation besides an amount of Rs. 3,22,090/- for leave salary. It has been claimed that Rs. 3,22,090/- on account of leave salary was released in the month of July 2017. The respondent No.4 failed to release the gratuity amount which necessitated the petitioner to approach this Court seeking release of gratuity along with interest for the delayed period by the respondent No.4.