THE HON’BLE SRI JUSTICE V. ESWARAIAH W.P.No.1950 of 2002 ORDER: This writ petition is filed questioning the order of the 1st respondent, dated 27-12-2001. It is stated that against the order, dated 05-07-2000 of the Assistant Labour Commissioner (Central), Mancherial & Controlling Authority under the payment of Gratuity Act, imposing interest @ 10% per annum amounting to Rs.36,662.50 paisa for withholding gratuity amount of Rs.1,79,571.51 paisa on account of non-vacation of quarter after retirement of the 2nd respondent, the petitioner filed an appeal before the 1st respondent and the 1st respondent while confirming the order of the Controlling Authority, dismissed the appeal, vide its order, dated 27-12-2001, by observing as follows:- “In view of the above findings and on careful scrutiny of the order of the Controlling Authority and on examination of documents available on file, I hold that the decision of the Controlling Authority for payment of gratuity amount of Rs.1,79,571.51/- together with interest at Rs.36,662.50/- and further interest till date of actual payment to the respondent is justified and legally holds good within the quasi judicial powers conferred on the Controlling Authority. The appeal is dismissed. The appellant has deposited the interest amount as specified in the form R. The appellant Management is directed to pay the simple interest @ 10% for the period from 06/07/00 to 30/08/01 which comes to Rs.20,950/- (in words Rupees twenty thousand nine hundred fifty only) within 30 days from the date of receipt of this order under intimating to the Controlling Authority and Appellate Authority.” Aggrieved by the same, this writ petition is filed. Learned counsel appearing for the petitioner submits that the 2nd respondent, who was an employee of Singareni Collieries, retired from service on medical grounds with effect from 21-06-1998 but he has not vacated the quarter allotted in his favour and, therefore, the gratuity amount was withheld. The withhold amount is for the fault of the 2nd respondent in not vacating the quarter and therefore, the delay in payment of gratuity amount cannot be attributable to the petitioner. It is further stated that in similar facts and circumstances of the case, this Court allowed W.P.No.4194 of 2002, dated 08-07-2010, by setting aside similar impugned order to the extent of directing Singareni Collieries to pay interest on the delayed payment of gratuity. It is further stated that the amount of Rs.2,16,234.01 paisa payable as per the decision of the Controlling Authority was already deposited and the 2nd respondent was also permitted to withdraw the same. Having regard to the facts and circumstances of the case, the order, dated 27-12-2001 in application No.32/2000 passed by the 1st respondent herein to the extent of directing the petitioner- Singareni Colleries to pay interest amounting to Rs.36,662-50 paisa for the delayed payment of gratuity amount of Rs.1,79,571.51 paisa on account of non-vacation of quarter by the 2nd respondent is set aside. Accordingly, the writ petition is allowed to the extent indicated above. There shall be no order as to costs. ___________ 01-10-2010 Prv