IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 281 of 2008 (S/B) Dharam Singh Rawat ….…… Petitioner Versus State of Uttarakhand and others ………. Respondents Mr. Pradeep Lohani, Advocate for the petitioner. Mr. H.M. Raturi, Standing Counsel (Govt. of Uttarakhand) for respondent No. 1. Mr. B.D. Upadhyaya, Advocate for respondent Nos. 2 and 6. Mr. Vinay Kumar, Advocate for respondent Nos. 3 to 5. Date of Judgment: 19.02.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. BARIN GHOSH, C.J. (ORAL) Petitioner retired on 31st January, 2004. Subsequent thereto, his retiral dues were paid, except a sum of Rs. 1 lakh. The said sum of Rs. 1 lakh was part of gratuity payable to the petitioner. For recovery of the said sum of Rs. 1 lakh and another sum as well as interest thereon, petitioner approached the Tribunal. Tribunal found that non-payment of Rs. 1 lakh out of gratuity payable to the petitioner had no sanction of law. Tribunal, accordingly, directed payment of the same. The claim for interest on the said sum of Rs. 1 lakh has been denied by the Tribunal on the ground that petitioner certified the bill amount of the security agency on 9th July, 2000 without making recommendation for deduction on account of theft, as was alleged in the written statement filed before the Tribunal, and which contention was believed by the Tribunal. The Tribunal felt that thus there was negligence and carelessness on the part of the petitioner, which disentitled the petitioner to claim interest on the said sum of Rs. 1 lakh. 2. In the event there was any negligence or carelessness on the part of the petitioner which resulted in loss to the employer, it was obligatory on the part of the employer to recover the same by taking recourse to law applicable to the service conditions of the petitioner. No step to that effect having been taken by the employer, Tribunal could not deny 2 interest payable to the petitioner on the said sum of Rs. 1 lakh, which was unjustly withheld by the employer. 3. We, accordingly, allow the writ petition and direct payment of simple interest at the rate of 6% (six per cent) per annum from the date of payment of other retiral dues of the petitioner until the date of payment of Rs. 1 lakh pursuant to the judgment and order of the Tribunal. This disposes of the writ petition. (V.K. Bist, J.) (Barin Ghosh, C.J.) 19.02.2011 19.02.2011 Amit