Singh Rana vs State Of Uttarakhand &
2021 Latest Caselaw 70 UK

CLCON No.125 of 2017
Hon'ble Sharad Kumar Sharma, J.

Mr. B.M. Pingal, Advocate for the petitioner.

Mr. Pradeep Hairiya, Standing Counsel for the State of Uttarakhand.

The judgment of learned Single Judge dated 10.01.2017, as was rendered in Writ Petition No.1902 of 2016 (S/S), Dharam Singh Rana vs. State of Uttarakhand & others, in fact had issued a direction to the respondents for disbursement of amount due towards the leave encashment as well as "gratuity alongwith interest." The payment of interest, on the gratuity amount due is a statutory interest payable under the Payment of Gratuity Act itself as provided under Section 7(3A) of the Act.

Further this judgment is said to have been challenged by the respondents before the Division Bench and later on it was modified. The said Division Bench judgment dated 04.09.2017, by the respondents was read over by the Standing Counsel for the respondent but in fact, there is no modification as such, so far it relates to the direction, which were issued for the payment of interest on the gratuity amount due to be paid to the petitioner, and which was not paid to the petitioner in time. As far as the rest of the payment is concerned, the petitioner does not dispute, that he has already received the same, but even if the judgment of Division Bench is taken into consideration, which was rendered on 04.09.2017, the respondent was supposed to take a decision with regards to the remittance of the amount within a period of three months. We are in 2021, now. The grievance of the petitioner still remains unredressed to the effect that the interest as directed on the outstanding gratuity amount has not been paid for which the counsel for the respondent seeks 48 hours time to complete his instructions and make statement.

Put up this contempt petition on 12.01.2021.

(Sharad Kumar Sharma, J.) 07.01.2021 Arti