1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.643 OF 2009 S.K.Chaudhari ..Petitioner V/s. The State of Maharashtra & ors ..Respondents WITH CHAMBER SUMMONS NO.276 OF 2009 IN WRIT PETITION NO.643 OF 2009 S.K.Chaudhari ..Petitioner V/s. The State of Maharashtra & ors ..Respondents Mr.A.P.Rege, Advocate, for the petitioner Mr.D.A.Nalawade, Government Pleader, for the respondent Nos.5 to 15 Ms.Neha Shah i/b.Yusufs & Associates, Advocate, for respondent No.6 CORAM : F.I.REBELLO & C.L.PANGARKAR, JJ. DATE : 18TH JANUARY, 2010 P.C. . Rule. 2. Heard forthwith. 2 3. This Court by Order dated 30 th January, 2008, had issued a direction that in the event, Departmental Enquiry was not completed within a period of three months from the date of the Order, the gratuity should be released without further delay. According to the respondents, gratuity was released on 2 nd December, 2008. According to the petitioner, it was received only on 1 st February, 2009. 4. The petitioner approached this Court contending that firstly the respondents are in contempt and therefore, the proceedings of contempt should be initiated against them and in the alternative, he has prayed that he should be paid 18% interest for the delay of payment of gratuity from 15 th January, 2005 to 1 st February, 2009 or at such other rate as this Hon'ble Court may deem fit. 5. The Enquiry Report was submitted on 3 12 th March, 2009. The Enquiry Officer in paragraph 36 of the said Report has clearly held that the action was with malicious intention. This report was accepted and the petitioner has been discharged. 6. It is true that in terms of M.C.S Rules pending an enquiry the interest is not payable. Our attention has been invited to the Government Resolution dated 24 th April, 1995 providing for interest of 12% if there are administrative reasons for not paying the gratuity on time. 7. In the instant case, the Government Resolution, in our opinion, would not be attracted as there is a clear rule that the Departmental Enquiry was in progress therefore, no interest in terms of the Government Resolution would be payable. However, we find that the Order of this Court was unequivocal. The Order was clear that if 4 within a period of three months from the date of the Order if the Departmental Enquiry is not completed, the Gratuity be released forthwith. In our opinion, in other words, atleast from 1 st May, 2008, Gratuity had to be released. The Department prepared a Cheque only on 2 nd December, 2008. In our opinion, therefore, from 1 st May, 2008 to 30 th November, 2008, the respondents to pay interest to the petitioner at the rate of 8 percent on the said Gratuity within a period of 15 days from today. Considering this Order, we do not propose to take steps in Contempt proceedings. Rule is made absolute accordingly. No order as to costs. 8. In view of the above, Chamber Summons Nos.276 of 2009 has become infructuous. (C.L.PANGARKAR, J.) (F.I.REBELLO, J.) 5