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Judgment
In CW No.11621/2015.
Issue notice. Mr. BL Bhati and Mr. Vinay Jain accept the
notices on behalf of respondents. Hence, service is complete.
Counsel for the parties are at ad-idem that issue involved in
the present case is squarely covered by the judgment dated
09.11.2016 passed by this Court in S.B. Civil Writ Petition
No.4342/2015 and other connected matters.
In view thereof, the present writ petition is also disposed of
in terms of the judgment dated 09.11.2016, referred hereinabove.
The operative portion of the judgment, reproduced hereinbelow; shall apply to this case also.
In view of the above discussion, the writ petition filed by the petitioner Institution are partly allowed. The orders dated 09.12.2014 passed by the Tribunal are set aside to the extent it provides for payment of interest on leave encashment dues as well as arrears of salary based on revised pay scales, however, the direction to the extent of payment of interest on the amount of gratuity is upheld. The respondent No.2 would, however, be not entitled to claim any interest amount of gratuity inasmuch as the amount of gratuity had already been paid. The amount of gratuity as well as interest thereon shall be paid to the respondents No.2 by the petitioner Institution within a period of three months. The amount, if any, deposited by the petitioner Institution with the Executing Court pursuant to the directions issued by the Tribunal be adjusted in the amount payable to the respondents No.2.
The writ petition is disposed of.