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Madhya Pradesh High Court
Smt. Mumtaz Bee vs Ujjain Municipal Corporation on 16 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:10197
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
ON THE 16th OF APRIL, 2026
WRIT PETITION No. 13237 of 2026
SMT. MUMTAZ BEE
Versus
UJJAIN MUNICIPAL CORPORATION AND OTHERS
Appearance:
Ms. Neerja Patne - Advocate for the petitioner.
ORDER
The present petition is being filed by the petitioner praying for the
following reliefs:-
(a) To call for the relevant records of the case from the respondents;
(b) To command the respondents No.3&4 to execute the RRC
issued in favour of the petitioner for payment of gratuity to the tune of
Rs.14,46,542/- with interest @10% p.a to the tune of Rs.2,31,447/- and
further compound interest @ 15%, awarded to the petitioner by the
Controlling Authority, Payment of Gratuity Act,1972, Division Ujjain in
Gratuity Case No.79/2023 as expeditiously as possible preferably within a
period of 3 months, by a writ of mandamus or any other appropriate writ,
direction or order;
(c) allow this petition with costs;
(d) pass such other order(s) as may be deemed appropriate in the
facts and: circumstances of the case, to grant relief to the petitioner.
2. It is case of the petitioner that the husband of the petitioner while
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in service was entitled for gratuity and accordingly, filed an application
before the Controlling Authority for the payment of gratuity under the
Payment of Gratuity Act, 1972 and thereafter, a Gratuity case No.79/2023
was registered and accordingly, the learned Controlling Authority directed
for payment of Rs.14,46,542/- towards gratuity to the petitioner, with a
further direction to pay simple interest at rate of 10% amounting to
Rs.2,31,447/-, with a further observation that if the same is not paid, then the
respondent shall be liable to pay compound interest at rate of 15% p.a, the
said order was passed on 26.02.2024. However, the husband of the petitioner
expired on 30.06.2022 and thereafter, the petitioner/widow of the deceased
for execution of payment of the amount requested the authority and
accordingly, respondent no.2 vide letter dated 16.04.2024 apprised
respondent No.3 to prepare a RRC (Revenue Recovery Case) against
respondent No.1 for its execution. The case of the petitioner is that despite
lapse of more than two years the said initiation of the RRC proceedings has
not been done by the respondent No.3 & 4. The petitioner being the widow
of the deceased is running pillar to post for payment of said amount.
3. From perusal of the entire petition it appears that the impugned
order passed by the Controlling Authority, Payment of Gratuity Act, Ujjain
Division Ujjain has not been subjected to challenge before any Court and
therefore, the said order has attained finality and accordingly, it is the
responsibility of respondent No.3 & 4 to execute the said amount and pay the
same to the petitioner/widow of the deceased within a period of 30 days. It is
directed that respondent No.3 shall ensure that amount awarded under the
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Payment of Gratuity Act, 1972 by the Controlling Authority which includes
an amount of Rs.14,46,542/- and Rs.2,31,447/- and further since the amount
was not paid within 30 days, the respondent ensure that compound interest at
the rate of 15% p.a shall also be added to the said amount and disburse to the
petitioner within a period of 30 days from the date of receipt of certified
copy of this order.
4. It is made clear that respondent No.3 & 4 shall take all efforts and
endeavours to realise the amount from respondent No.4 and to disburse the
same to the petitioner without further delay. It is needless to mention that, if
the respondent No.3 comes to a conclusion or on verification that said
amount determined under the Payment of Gratuity Act, 1972 by the
Controlling Authority has been subject to challenge and there is any legal
impediment in disbursing the said amount, the same shall be communicated
to the petitioner with documentary evidence by passing a reasoned and
speaking order to the petitioner, else the entire amount shall be to the
petitioner within the aforesaid period.
With the aforesaid, this writ petition stands disposed off.
(JAI KUMAR PILLAI)
JUDGE
akanksha
