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2014 DIGILAW 3474 (ALL)

Wahab Husain v. State of U. P.

2014-11-21

MANOJ KUMAR GUPTA

body2014
JUDGMENT Manoj Kumar Gupta,J.: - Heard counsel for the petitioner, learned standing counsel for respondents no.1, 3 and 4 and Sri Rajiv Singh Chauhan for respondents no.2 and 5. 2. The petitioner had retired from Krishi Utpadan Mandi Samiti, Mohamdi, Kheeri on 31.7.2008 from the post of Mandi Nirikshak. His case is that he submitted the relevant papers for payment of retiral benefits but the gratuity amount was not released by the respondents, compelling him to approach this Court by way of instant writ petition, wherein, the relief claimed is for a direction to the respondents to release the gratuity and insurance amount and also to pay interest at the rate of 18%. 3. It is admitted to the petitioner that during the pendency of the writ petition, the respondents have paid the gratuity and insurance amount to the petitioner. 4. In the counter affidavit filed by the respondents, it is stated that the Mandi Samiti has forwarded the entire documents to the Head Officer at Lucknow and the matter remained pending there. It is further stated that as regards the claim of the petitioner for insurance, relevant documents have been sent to L.I.C. and as soon as the amount is sanctioned, it will be paid to the petitioner. In paragraph 6 of the counter affidavit, it is further stated that a cheque of Rs.2,87,777/- was prepared on 25.2.2014 towards the gratuity amount payable to the petitioner. It is stated that when the authorities tried to hand over the cheque to the petitioner, he refused to accept it. The petitioner has filed a rejoinder affidavit and the assertion made in this regard, has been denied. It is further stated that the deponent received the cheque on 24.8.2014 under protest. The cheque when presented to the bank, was returned with endorsement that drawers' signature defers. It is admitted to the petitioner that thereafter, the respondents have made payment of the said amount to him by means of a demand draft. 5. Thus, the only controversy which remains is regarding payment of interest to the petitioner. It is contended by learned counsel for the petitioner that the petitioner having retired on 31.7.2008 and the gratuity amount having been paid to him only recently, he is entitled to interest on such amount because delay is wholly attributable to the respondents. 5. Thus, the only controversy which remains is regarding payment of interest to the petitioner. It is contended by learned counsel for the petitioner that the petitioner having retired on 31.7.2008 and the gratuity amount having been paid to him only recently, he is entitled to interest on such amount because delay is wholly attributable to the respondents. He further submits that the cheque given by the respondents was not honoured by the bank, as the signature of the drawer deferred and thereafter, the respondents themselves made payment by demand draft and this entitles the petitioner to payment of interest till the date such payment was released in his favour by demand draft. 6. Learned counsel for the respondents could not justify their action for not releasing the gratuity amount soon after the retirement of the petitioner. 7. After considering the entire facts and circumstances of the case, I am of the considered view that there has been inordinate delay on part of the respondents in releasing the gratuity amount in favour of the petitioner and which entitles him to simple interest at the rate of 8% per annum from 31.7.2008, the date on which he retired, till date of actual payment thereof to the petitioner. It is ordered accordingly. It shall be open to the petitioner to file an application alongwith certified copy of this order before respondent no.5, who shall, thereafter, calculate the amount of interest payable to the petitioner under this order and shall ensure that the same is paid to him within next one month. 8. Subject to aforesaid observations/directions, the writ petition stands disposed of.