CWP No.7719 of 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.7719 of 2006 DATE OF DECISION: April 22, 2008 BIRINDER SINGH ...PETITIONER VERSUS STATE OF PUNJAB & ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. PRESENT: MR. K.S. REKHI, ADVOCATE FOR THE PETITIONER. MR. YATINDER SHARMA, DAG, PUNJAB. MR. S.C. NAGPAL, ADVOCATE FOR RESPONDENT NO.2. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner who retired as a Clerk from Khalsa Collge, Amritsar on 31.1.1999, has prayed that directions be issued to respondent No.2 to release the gratuity, medical allowance, leave encashment and revised grades which have not been paid to him despite the fact that he has retired long back. During the course of arguments, learned counsel for the petitioner submits that the petitioner has already received the entire Provident Fund. Counsel for the petitioner also states that the petitioner is not claiming any amount towards leave encashment. However, the entire gratuity, medical allowance and revised grades be released to the petitioner. Mr. S.C. Nagpal, counsel for respondent No.2 states that he has brought a cheque of Rs.31505/- towards arrears of gratuity. Learned counsel further submits that there are no other retiral dues which the petitioner is entitled to receive. CWP No.7719 of 2006 -2- After hearing counsel for the parties, we direct the counsel for respondent No.2 to hand over the cheque of Rs.31505/- towards gratuity to the petitioner. In case the petitioner is dis-satisfied by the non-payment of medical dues and the revised grades with amount of gratuity received by him or non-payment of medical dues then he may file representation to respondent No.2 within a period of 15 days from today which shall be decided within a further period of one month thereafter. We are also of the opinion that as the amount of gratuity which has been paid to the petitioner today in Court has been paid to him highly belatedly, i.e. after more than 9 years, therefore, in this view of the matter, we direct respondent No.2 to pay interest at the rate of 9% to the petitioner on the amount of gratuity paid to the petitioner. The interest shall be paid to the petitioner within a period of one month from today. (ASHUTOSH MOHUNTA) JUDGE April 22, 2008 (KANWALJIT SINGH AHLUWALIA) Gulati JUDGE