 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 4261/2007 Divisional Controller, M.S.R.T.C. Buldhana Divn. ..vs.. Adinath Kawadu Wahane and others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. Wankhede, Advocate for petitioner. Mr. Khare, Advocate for respondent no.1 Ms. Taiwade, A.G.P. for respondent nos. 2 & 3. CORAM: J. H. BHATIA, J. DATED : 18 th FEBRUARY, 2009 1. Heard learned counsel for the parties. 2. Respondent no. 1 retired from service of petitioner on 30.06.2004 and after retirement, within the stipulated period, the petitioner did not pay gratuity amount to him. Therefore, respondent no.1 filed P.G.A. Case No. 152/2004 for recovery of gratuity amount. That application was decided by controlling Authority by order dated 24.11.2005 with direction to the petitioner to pay amount of Rs.2,90,284/- being the amount of gratuity with interest at the rate of 18% per annum from 01.08.2004. The petitioner deposited the said amount on 03.02.2006 with interest from  01.08.2004 till 31.01.2006. However, by letter, under which the Divisional Controller had informed the Assistant Labour Commissioner about the deposit, he also informed the Assistant Labour Commissioner that the General Manager (Legal) of the petitioner-Corporation had given a direction to prefer appeal against the order passed by competent Authority. Therefore, he requested that till decision of the appeal the amount of gratuity, though deposited, may not not paid to the respondent no.1. In view of this, the Assistant Commissioner did not make any payment to the respondent even though the amount was lying with him. The appeal came to be dismissed on 07.07.2006 and after getting information of the same he made payment on 16.08.2006. As the actual payment was made to respondent no.1 on 16.08.2006, he moved fresh application for additional amount of interest. This was quantified at Rs. 30,480/- and the Controlling Authority passed an order and issued recovery certificate for the amount of Rs. 30,480/- being  balance amount of interest. That order is challenged before this Court in the present petition. 3. Learned counsel for the petitioner makes statement that as there was no stay to the recovery certificate, the amount has been actually recovered and is also paid to respondent no.1. Thus practically nothing remains in the matter. It also appears that even though the amount was deposited by the petitioner,the same could not be paid to respondent no.1 for 6 ½ months after deposit only because of the request made by the petitioner not to make payment till disposal of the appeal. Respondent no.1 was entitled to recover the amount with interest till the date of payment. Therefore, there appears no substance in the present matter. Writ petition stands dismissed. No order as to costs. JUDGE kahale