IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 5776 of 2009 Between: H.Rajendra Prasad S/o.H.V.Srinivas Rao Central Administrative Tribunal Hyderabad Bench 204 Vijay Court Gaganmahal Hyderabad-29 ..... PETITIONER AND 1 Union of India rep.by its Secretary to Govt Ministry of Personnel Public Grievances & Pensions Central Secretariat New Delhi 2 The Chairman Central Administrative Tribunal Principal Bench Faridkot House Copernicus Marg New Delhi-110001 .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ of Mandamus or any other appropriate writ order or direction in the nature of writ of directing the respondents to make payment of interest of gratuity amount of Rs 1,01,923 for the period from 1- 8-1999 to 17-8-2008 by setting aside the letter No.F.No.4/27/M(A)/93-JA dt 9-2-2009 issued by the office of the 2nd respondent declaring the same as illegal and arbitrary with all consequential benefits and pass Counsel for the Petitioner:MR.VEMURIVENKATESWARA RAO Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : W.P.NO.5776 OF 2009 ORDER : (Per Sri Justice V.Eswaraiah) Heard both the counsel. The petitioner was appointed as Member (A) in the Central Administrative Tribunal, Cuttack Bench on 24.5.1993 and transferred to Hyderabad Bench on 23.2.1996. He was retired from service on 31.7.1999. It is stated that the petitioner is entitled for payment of retirement gratuity of the maximum limit of Rs.3,50,000/- subject to deduction of the amount of retirement gratuity received by him on retirement from Indian Postal Service. It is stated that the gratuity amount of Rs.1,01,923/- was paid on 17.12.2008 without interest. The case of the petitioner is that though he was retired on 31.7.1999, he is entitled for payment of interest at 6% per annum from 1.8.1999 to 17.12.2008 on the gratuity amount of Rs.1,01,923/-. The subject matter of this writ petition is squarely covered by the order of this Court in W.P.No.10595 of 2004, dated 7.7.2008. This Court in the said writ petition directed for payment of gratuity amount with interest at 6% per annum from the date of retirement till the date of actual payment. As the gratuity amount has already been paid, we are of the opinion that the petitioner is also entitled to the interest at the rate of 6% per annum on the delayed payment of gratuity amount from the date of retirement till the date of actual payment. Accordingly, the writ petition is allowed directing the respondents to pay interest at 6% per annum on the gratuity amount from the date of retirement till the date of actual payment, within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________________ V.ESWARAIAH, J. _________________ P.SWAROOP REDDY, J. 2.6.2009 kpr