CWP No.10649 of 2009 1 IN THE HIGH COURT OF PUNJABAND HARYANA AT CHANDIGARH CWP No.10649 of 2009 Date of Decision 7.12.2009 Surinder Kumari ...Petitioner Vs. The Collector, Chandigarh Administration and Ors. ...Respondents CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA Present: Ms.Minakshi Basandhi, Advocate, for the petitioner. Mr.Jagmohan Ghuman, Advocate, for Mr.Anupam Gupta, Advocate, for the respondent Vinod K.Sharma, J. (Oral) The petitioner has invoked the writ jurisdiction of this court, for issuance of direction to the respondent, to effect recovery in pursuance to the order of the Controlling Authority under the Payment of Gratuity Act,UT Chandigarh. The petitioner joined service in the Indian Red Cross Society, Chandigarh on 27.3.1968. On attaining age of superanuation, she retired from service on 30.4.1999. The petitioner was not paid her gratuity at the time of superannuation, therefore, she approached the Controlling Authority CWP No.10649 of 2009 2 under the Payment of Gratuity Act, UT, Chandigarh. Vide order dated 29.11.2007 the petitioner was held entitled to gratuity amount of Rs.1,33,551/- along with interest at the rate of 8 per cent per annum from the date of retirement till payment. Order has attained finality. The petitioner moved an application for execution of the order passed by the Controlling Authority. The Controlling Authority under the payment of Gratuity Act, UT, Chandigarh forwarded the application to the Collector UT, Chandigarh for recovery of an amount as arrears of land revenue. Even though the order was sent on 24.2.2009, till date the Collector UT, Chandigarh has not effected the recovery nor payment made to the petitioner. Notice of the writ petition was given. No reply has been filed. There can possibly be no defence to execution as the order sought to be executed has attained finality. The writ petition is disposed of with a direction to the Collector, to effect the recovery. The amount with interest as awarded be recovered expeditiously, preferably within a period of 2 months from the receipt of the certified copy of this order, if need be by coercive method. No costs. (Vinod K.Sharma) 7.12.2009 Judge rp