Review application seeking review of an order directing payment of withheld gratuity dues. The court ordered release of the remaining gratuity amount with interest from the date of partial payment.
Order modifiered to release rest of gratuity amount with interest at 8% per annum with effect from 04.01.2012.
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WPSB No. 365 of 2013 Hon’ble Servesh Kumar Gupta, J. Hon’ble U.C.Dhyani, J.
Mr. Bhagwat Mehra, Advocate for the petitioner.
Mr. Subhash Upadhyay, C.S.C. for the State.
Mr. D.S. Patni, Advocate for the review applicant.
Heard.
Delay condonation application is allowed on the grounds stated in the accompanying affidavit.
The application has been moved to seek the review of the order passed by the Division Bench of this Court dated 28.12.2013 disposing of the Writ Petition No. 365 (SB) of 2013, Jamil Ahmad Vs. Uttarakhand Pey Jal Sansthan Vikas Evem Nirman Nigam & Another. The direction was made to release the amount of gratuity, which was retained by the employer, as quickly as possible, but not later than six weeks from the date of the order.
It was further directed that if the same is not released within the time as ordered by the Court, then the dues will carry the interest @ 8% per annum from the date of retirement of the petitioner until payment. The petitioner Mr. Jamil Ahmad has retired on 30.11.2007. Since chargesheet had been served to him after his retirement so his gratuity was stopped, but somehow it could be sanctioned to the tune of rupees six lacs which had to be paid to Mr. Jamil Ahmad.
The Competent Officer directed to make the payment of only 50% of the amount. So the same was paid on 04.01.2012, but rest of the amount of Rs.3 lacs plus is still withheld by the department.
It was agreed by the learned counsel of the petitioner that he is not adhering to the grant of interest since the date of retirement and the order can be modified to the payment of interest with effect from 04.01.2012. Therefore, we order accordingly to release rest of the amount of gratuity with interest @ 8% thereon with effect from 04.01.2012 till the actual payment is made. The interest on the arrears of VIth Pay Commission will be paid to the petitioner likewise in the same manner as other similarly situated employees had been paid.
Review application stands disposed of in the above terms.
(U.C.Dhyani, J) (Servesh Kumar Gupta, J.) 02.08.2014
Ravi
1 issue framed by the court
Whether a review of the order disposing of the writ petition regarding retention of gratuity is maintainable.
Jamil Ahmad
Uttarakhand Pey Jal Sansthan Vikas Evem Nirman Nigam
Servesh Kumar Gupta
U.C. Dhyani
As recorded by the court registry
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