Civil Review No.3 of 2009 25.05.2009 Present: Mr. Jeevesh Sharma, Advocate, for the petitioner. Mr. P.K. Sharma, Additional Advocate General with Mr. P.M. Negi, Deputy Advocate General and Mr. R.P. Singh Assistant Advocate General, for the respondents. Heard and gone through the record. By means of the present petition, Shri H.S. Bist, petitioner in CWP No.424 of 2001, which was dismissed on 5.12.2008, has sought review of the said order dated 5.12.2008, dismissing his petition. The background, which has led to the filing of the present petition, may be noticed. Petitioner retired from Government service on 31.3.1989. As per Rules, governing State Government employees, he was entitled to payment of gratuity. Authority letter was issued by the Accountant General on 26.5.1989, authorizing payment of Rs.47,916/-, on account of gratuity and out of this amount, money due from the petitioner, on account of house building advance and interest thereon, was to be worked out and deducted. After making deductions, on account of recoveries aforesaid, a sum of Rs.21,568/- was payable to the petitioner. This amount of money was paid to the petitioner on 26.6.1996, during the pendency of an Original Application, filed by him before the State Administrative Tribunal, seeking a direction to the respondents for payment of the amount of gratuity and pension etc., together with interest. Learned Tribunal dismissed the Original Application vide order dated 14.12.2000. Petitioner filed a writ petition, under Articles 226 and 227 of the Constitution of India in this Court. That was heard on 5.12.2008 and dismissed by the order of the said date, as already noticed. While dismissing the said writ petition, on the basis of certain documents on record, we concluded that the entire amount of Rs.47,916/- had been paid to the petitioner. -2 - Civil Review 3/2009 Learned counsel for the petitioner says that the aforesaid conclusion even though could be reached on the basis of documents, which were there on record, but in fact nothing had been paid to the petitioner before 26.6.1996 and that on account of delayed payment of Rs.21,568/-, on account of the amount of gratuity, after deduction of recovery, on account of house building advance and the interest due thereon, petitioner was entitled to interest on the said amount of money. Reply has been filed, in which it is admitted that nothing on account of gratuity had been paid to the petitioner prior to 26.6.1996. This reply not only supports what the petitioner has stated in his petition, but also makes it plainly clear that the conclusion reached by us on the basis of documents on record, was erroneous. Consequently, we allow the present petition and review our order dated 5.12.2008 passed in CWP No.424 of 2001 and direct the respondents to pay to the petitioner interest for the delayed payment of gratuity, amounting to Rs.21,568/-, at the rate at which interest on GPF deposits was payable, during the relevant period. The interest is to be paid from the day next following the day of expiry of three months period from the date of letter authorizing payment of gratuity, i.e. 20.5.1989 upto 26.6.1996, when the gratuity was actually paid. This order regarding payment of interest is in terms of the decision of Government of India, Department of P & PW, OM No. F.7/1/93-P & P. W. (F) dated 25th August, 1994. Our judgment dated 5.12.2008 stands modified (after review) to the aforesaid extent only. Review Petition stands disposed of. ( R.B. Misra ), J. May 25, 2009(ss) ( Surjit Singh ), J.