CW 8743/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.8743/2006 Harpal Singh Versus State & Ors. Date of Order ::: 02/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Sunil Kr. Singodia, for petitioner. Mr. Pradip Kalwania, Addl. Govt. Counsel, for respondents Instant petition has been filed with the grievance that amount of gratuity admissible to the deceased Government employee has been arbitrarily withheld by respondents without any authority of law. Petitioner is younger brother of Devendra Singh who died while in service holding post of Foreman on 19/02/89; and he obtained succession certificate dt.16/03/89 (Ann.1) and submitted in the office of respondents for release of payment due & admissible to his late brother. It is relevant to mention that after death of Government servant (Devendra Singh) there was no claimant except his brother (petitioner); and although all other payment due and admissible to deceased employee were paid; but amount of gratuity was withheld on the premise that it was not admissible under Scheme of Pension Rules. As already mentioned (supra), petitioner CW 8743/06 //2// being only claimant in the “family” of deceased employee as defined U/r 55(4) of Rajasthan Civil Services (Pension) Rules, 1996 (“Rules, 1996”), his application was to be considered for payment of gratuity in terms of R.56(3) of Rules, 1996 which clearly stipulates that right of a female member of the family or that of a brother, of a government servant (deceased) in regard to share of gratuity shall not be affected, if female member marries or re-marries or the brother attains the age of eighteen years after the death of government servant and before receiving her or his share of the gratuity. In view of R.56(3) of Rules, 1996 ibid, in the opinion of this Court, respondents were not justified in withholding payment of gratuity due to the deceased servant. Counsel for petitioner further submits that salary of Rs.30860/- payable to the deceased servant on 19/02/89 was paid to him on 24/07/2006; as such delay in payment shall also carry interest. Suffice it to say that much correspondences have taken place and after issue was finally settled holding that petitioner is only legitimate person to get dues of the deceased, salary due was paid to him and in the opinion of this Court, delay cannot be said to be attributed to respondents and which can be CW 8743/06 //3// said to be deliberate and will not carry any interest for the delay in payment. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to make payment of gratuity due & admissible to deceased government servant to the petitioner within three months. No costs. (Ajay Rastogi), J. K.Khatri/p.3/8743CW06-2FbGrt.doc