COCP No. 1858 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 1858 of 2008 Date of decision: January 30, 2009 Mohinder Singh …..PETITIONER Versus T.R.Sarangal, Secretary Welfare of Scheduled Castes and Backward Classes, Punjab and others …..RESPONDENTS CORAM: HON’BLE MR JUSTICE T.P.S.MANN PRESENT: Mr Naresh Kaushal, Advocate Mr S.S.Sahu, Assistant Advocate General, Punjab T.P.S.MANN, J. (Oral): On 24.4.2008, while disposing of CWP No.10672 of 1998 filed on behalf of the petitioner, this Court directed that the with-held amount of gratuity be paid to the petitioner within four months from the date of obtaining a certified copy of the order and in that situation, no interest was to be paid, failing which, the petitioner was held entitled to interest at the rate of 7% per annum. It is not disputed that the withheld amount of Rs.65,099/- of gratuity stands paid to the petitioner. However, the said amount was not paid within the stipulated period of four months. In view of the same, the respondents have also paid an amount of Rs.3,038/-as interest at the rate of 7% on the amount of Rs.65,099/- of gratuity from the date of passing of the aforementioned order i.e. 24.4.2008. A bank draft No.988085 dated 28.1.2009 for the said amount of Rs.3,038/- issued by the respondents has been deposited on 28.1.2009 in the account of the petitioner in Punjab and Sind Bank in its Morinda Branch. COCP No. 1858 of 2008 -2- Learned counsel for the petitioner states that as the with-held amount of gratuity had not been paid within the period of four months from the date of obtaining a certified copy of the order dated 24.4.2008, the petitioner was entitled to interest on the said amount at the rate of 7% per annum with effect from 30.4.1995 when he retired and not from 24.4.2008 when the order was passed by this Court. As is clear from the order dated 24.4.2008, the orders impugned in the aforementioned writ petition were quashed on technical ground and accordingly, it was directed that the with-held amount of gratuity be paid to the petitioner within four months without paying any interest on the same. In the event of the respondents not paying the with-held amount of the gratuity within the stipulated period of four months, the respondents were required to pay interest at the rate of 7% per annum, meaning thereby that they were not required to pay interest with effect from 30.4.1995, but from 24.4.2008. The respondents have, accordingly, paid the amount of interest by way of bank draft which by now must have been credited in the account of the petitioner. In view of the above, the order dated 24.4.2008 passed by this Court stands complied with. The petition has been rendered infructuous and is, accordingly, disposed of. Rule is discharged. January 30, 2009 (T.P.S.MANN) Pds. JUDGE