SAW 215/2009 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH D.B. Civil Special Appeal [Writ] No.215/2009 Rajasthan Agriculture University & Ors. Versus Dr. R.N.S. Tyagi DATE OF ORDER : 19/07/2010 HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE S.S. KOTHARI Mr. R.A. Katta, for appellant Mr. Anuroop Agrawal for Mr.Ajay Gupta, for respondent *** Heard learned Counsel for the parties. Perused the judgment. This appeal is directed against the judgment of the learned Single Judge dt.10/11/2008 whereby the learned Single Judge allowed the petition filed by the petitioner-respondent for award of interest over the amount of gratuity on account of delayed payment. It is not in dispute that the petitioner had earlier approached this Court by means of writ petition as it was alleged by the petitioner that the respondent-appellant had not paid the amount of gratuity as was due to him on the basis of last pay drawn. The writ petition filed by petitioner came to be allowed. The petitioner in the present writ petition has only sought relief of payment of interest on the amount of gratuity which was paid with delay. The learned Single Judge has taken into account the earlier decision SAW 215/2009 [2] of this Court in the case of Dr. Chiranjilal Vs. Raj. Agriculture University and while allowing the petition, ordered for payment of interest over delayed payment of gratuity. In the present case, the learned Single Judge relying upon the aforesaid judgment of Dr.Chiranjilal's case has allowed the interest @ 9% per annum. Learned Counsel submits that as per the rules applicable, interest is not payable on amount of delayed payment of gratuity. So far as his submission is concerned, it is not disputed that in Dr.Chiranji Lal's case this Court while rejecting the objection of the present appellant has allowed interest on account of delayed payments of gratuity. In that view of the matter, we do not find merit in the submission of the learned Counsel for the appellant. We are in agreement with the view taken by the learned Single Judge. The appeal is, accordingly, dismissed summarily. [S.S.KOTHARI], J. [DALIP SINGH],J. FRBOHRA215SAW2009 19-07.doc