1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8168 OF 2004 Associate Director of Research, Pune. ...Petitioner. Vs. Smt. Sampatabai Shripati Pagare. ...Respondent. .... Mrs.Neeta Karnik for the Petitioner. None for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. October 16, 2008. P.C. The Respondent was serving with the Petitioner as a daily rated worker. The Petitioner is an Agricultural College governed by the Mahatma Phule University Act, 1990. The Respondent was confirmed in service on 23rd March 1993 and retired on 31st August 2001. The Respondent filed an application before the Controlling Authority under the Payment of Gratuity Act, 1972. The Controlling Authority by its order dated 30th September 2003, directed the Petitioner to pay an amount of Rs.40,961.53 to the Respondent. The order was confirmed in appeal by the Appellate Authority. 2 A notice was issued on 24th November 2004 for final disposal. The notice was duly served. On 26th August 2008 a statement was made on behalf of the Petitioner that the Respondent had received an amount of Rs.21,750/- towards gratuity and Rs.10,875/- as death-cum-retirement benefits, that is, a total amount of Rs.32,625/- under the Maharashtra Civil Services Rules. Liberty was granted to file an affidavit in that regard. A perusal of the order passed by the Controlling Authority would show that an amount of Rs.40,961.53 has been found due and payable to the Respondent towards gratuity. The Controlling Authority has stated that an amount of Rs.21,750/- was paid over to the Respondent leaving a balance of Rs.19,211.53. There is merit in the submission made on behalf of the Petitioner that the authority has not taken into account, the further payment of Rs.10,875/- paid towards death-cum-retirement benefits. In the circumstances, the correct amount which is due and payable to the Respondent in balance is R.8,336.53. The orders passed by the authorities below shall accordingly stand modified in the aforesaid terms. The Petitioner would be liable to pay to the Respondent a 3 balance of Rs.8,336.53. The Petition shall accordingly stand disposed of in the aforesaid terms. There shall be no order as to costs. .....