S.B.CIVIL WRIT PETITION NO. 6451/2006 Ram Chandra v. State of Rajasthan & ors. Date of order : 01.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. H.S.Balot Kala for the petitioner . Ms. Pratishtha Dave, Dy. Govt.Counsel In this writ petition, the petitioner has prayed for a direction to the respondents for payment of entire amount of gratuity payable to the petitioner with interest @ 12% per annum. In reply, it is stated by the respondents that payment of entire amount of gratuity has been made. The details of cheques issued for payment of gratuity are mentioned in para 1 of the preliminary objections. The details of those cheques are as follows : Voucher No. Date Cheque no. Amount 47 17.06.2005 640697 25,000/- 48 17.06.2005 643415 25,000/- 52 09.03.2006 371566 50,000/- 53 09.03.2006 371752 98,000/- 54 09.03.2006 105747 83/- Total 1,98,083/- As per reply of the respondents the entire amount of gratuity was paid to the petitioner as Rs. 1,98,083/- on 09.03.2006, whereas the petitioner was superannuated on 30.04.2004. Although the gratuity amount has been paid to the petitioner, but as per rule 89 of the Pension Rules, 1996, the respondents are also under obligation to pay interest @ 5% p.a. - 2 - upon delayed payment. In rule 89, it is specifically provided that if payment of gratuity has been authorised after three months from the date when its payment becomes due, and it is clearly established that the delay in payment was attributable to administrative lapses then, interest @ 5% per annum for the period beyond three months after gratuity becomes due is payable till the end of month preceding the month in which the payment is actually made. In this case admittedly the petitioner cannot be held responsible for non payment of his gratuity amount within three months from the date of superannuation i.e.30.4.2004. Therefore, according to rule 89, the petitioner is entitled for interest upon delayed payment. Therefore, the respondents are directed to pay interest upon delayed payment of gratuity in accordance with rule 89 of the Rules of 1996 after calculating the same within a period of two months from today. With these directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS),J. mathur/