HIGH COURT OF UTTARANCHAL AT NAINITAL Civil Misc. Writ Petition No. 4244 (S/S) of 2001 Rajendra Lal Sah S/o Late Heera Lal Sah R/o 44 Bara Bazar Mallital, District – Nainital ...Petitioner Versus 1. Registrar Cooperative Society Uttaranchal Dehradun 2. Additional Registrar Uttaranchal Cooperative Society Almora 3. District Assistant Registrar Cooperative Society, Nainital ... Respondents Mr. M.C. Kandpal-Sr. Advocate assisted by Kurban Ali-Advocate for the petitioner. Sri A.D. Triparthi, learned counsel for the respondents Per Hon’ble J.C.S. Rawat, J. 1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought the following relieves:- “i) To issue a writ, order of direction in the nature of mandamus commanding and direction the respondents to pay the gratuity amount to the petitioner with 12% interest. ii) Any other writ, order or direction which this Hon’ble court may deem fit and proper under the circumstances of the case. iii) To award the cost of the writ petition to the petitioner.” 2. The petitioner was appointed as Junior Clerk in the department of District Assistant Registrar Cooperative Society, Nainital. Thereafter, he was retired after attaining the age of the superannuation on 31.05.1998 and the retiral benefit which accrued to the petitioner was to be paid within a period of one year. The said retiral benefits were not paid within the stipulated period. Hence this writ petition has been preferred. 2 3. The respondents have filed counter affidavit and stated that the payment of gratuity of Rs. 33,096/- has been made by a cheque on 05.10.2001 and arrears which was admissible to the petitioner have been paid by the respondents vide cheque no. 060332 dated 16.10.2003 for Rs. 34,902/-. The said arrears became due on 03.07.2003. Thus the respondents had claimed that they had paid the entire amount of the gratuity and the arrears of 5th Pay Commission to the petitioner. 4. The only controversy remains to be decided as to whether the petitioner is entitled to get the interest on the amount of the gratuity which was paid on 05.10.2001. It is not disputed that the arrears of pay admissible under the 5th pay Commission was paid within time. The said amount of gratuity was to be paid within one year under the statutes, i.e. on 31st May, 1999. The respondents failed to pay the said amount within the stipulated statutory period, as such, the respondents are liable to pay the interest on the said amount. As such, the respondents shall pay the simple interest of 12% from 31st May, 1999 to 05.10.2001. 5. With the aforesaid observation, the writ petition is finally disposed of accordingly. 6. All applications pending in this case are stand disposed of in terms of the judgment. (J.C.S.Rawat, J.) 25th September, 2006 Shiv