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W.P No.5398/2010
07.05.2010
Heard Shri Rajendra Gupta, learned counsel for the
petitioner, on the question of admission and interim relief.
The petitioner has filed this petition claiming payment of the
undisputed amount of gratuity to him which has been ordered by
the authorities.
It is submitted by the learned counsel for the petitioner that
the respondent authorities by mistake have deposited the said
amount in the G.P.F Account of the petitioner and, therefore, are
refusing to pay the same without the express permission of the
Accountant General, Gwalior. The petitioner submitted that he has
filed a representation before the authorities seeking release of the
aforesaid amount but no decision thereon has been taken till date.
In the circumstances, without entering into the merits of the
case and looking to the fact that the amount has wrongly been
deposited by respondent no.3 in the GPF Account for which the
petitioner cannot be allowed to suffer, the petition filed by the
petitioner is disposed of with a direction to respondent no.3 to
ensure payment of the undisputed amount of gratuity to the
petitioner expeditiously, in accordance with law, preferably within a
period of three months from the date of furnishing a copy of the
order passed today alongwith a copy of the petition on respondent
no.3, failing which respondent no.3 shall be liable to pay interest to
the petitioner @ 9% per annum on the said amount in his personal
capacity.
With the aforesaid direction, the petition stands disposed of.
C.C as per rules.
( R. S. JHA )
JUDGE
mms/-