IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P.(T) No. : 6013 of 2008. Decided on: 28th July, 2010. _________________________________________________________ Gian Chand. …Petitioner. -Versus- State of Himachal Pradesh and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Adarsh Sharma, Advocate. For the respondents. : Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge(Oral): The petitioner has retired from service on 31st January, 1998. The grievance of the petitioner, in a nut-shell, is that though he has retired on 31st January, 1998, however, he has not been paid the gratuity and salary for two months, i.e., August/September, 1991. 2. Mr. R.P. Singh, learned Assistant Advocate General has strenuously argued that the gratuity was not released to the petitioner since a criminal case was registered against him. He then contended that the petitioner has claimed the salary for the months of August/September, 1991 after a period of 8 years. However, it is settled law that salary is a property under Article 300-A of the Constitution of India and there is no limitation 1 Whether the reporters of the local papers may be allowed to see the judgment? No. prescribed for claiming the salary. To get the salary is a continuous/recurring cause of action. 3. Though the status of the criminal case has not been disclosed to the Court, however, in the interest of justice, the respondents are directed to release the gratuity amount to the petitioner, in case he has been acquitted by the competent Court of law, within a period of eight weeks from today. Petitioner is also held entitled to interest as per Rule 68 of the C.C.S. (Pension) Rules, 1972 read with instruction No. (ii) appended thereto on the amount of gratuity. The respondents are also directed to release salary to the petitioner for the months of August/September, 1991. The petition stands disposed of. No costs. (Rajiv Sharma) Judge July 28, 2010. (bhupender)