CWP No.13525 of 1989.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.13525 of 1989 Date of Decision: 06.07.2010 **** Hari Chand Kathpalia . . . . Petitioner VS. State of Haryana and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: None for the petitioner Mr. Ravi Dutt Sharma, DAG Haryana ***** SURYA KANT J. (ORAL) (1). Since no one appeared on behalf of the petitioner, vide order dated April 20, 2010 actual date notice was issued to him. It may be mentioned here that the learned counsel through whom this writ petition was filed has unfortunately passed away. As per the office report, the petitioner has not been found residing at the given address. (2). The matter, however, has been taken up for final disposal on merits. (3). The petitioner seeks a mandamus to direct the Municipal Council, Fatehabad to pay him the due Gratuity. The petitioner had joined the said Municipal Council as a Peon on 13th June, 1959 CWP No.13525 of 1989.doc - 2 – and he retired on 3rd September, 1981 on attaining the age of superannuation. (4). The question as to whether the petitioner who had retired in the year 1981 is entitled to the Gratuity for the service rendered by him in the Municipality has been time and again settled by this Court in favour of the retirees, including vide decision dated January 20, 2010 passed in CWP No.7178 of 1989 titled as Mange Ram s/o Shiv Lal Ex-Sweeper vs. Chander s/o Nathu. (5). The objection raised by the respondents that petitioner has approached this Court belatedly, is untenable at this stage when the writ petition has remained pending for over 20 years. Similarly, the withdrawal of the earlier writ petition by the petitioner could not preclude him to seek payment of the statutory benefit which the respondents themselves were obligated to release in his favour. (6). The writ petition is, accordingly, allowed; the Municipal Council, Fatehabad is directed to calculate and pay the arrears of Gratuity to the petitioner along with interest @ 6% per annum without any further delay within a period of three months from the date of receipt of a certified copy of this order. However, the petitioner shall not be CWP No.13525 of 1989.doc - 3 – entitled to the interest for the period with effect from 1981 to 1989. (7). Since the whereabouts of the petitioner is not known, the Executive Officer of the Municipal Council, Fatehabad shall find out the correct address of the petitioner and if the petitioner has already passed away, the amount shall be released to his legal heirs, under intimation to the Registry of this Court. (8). Ordered accordingly. (9). Dasti . (SURYA KANT) JUDGE 06.07.2010 vishal shonkar