PRAYAG NARAYAN vs STATE OF JHARKHAND AND OTHER

Prayer in the writ petition is for payment of gratuity, earned leave and arrears of salary.

In the supplementary counter-affidavit dated 21.02.2018, the respondent-Zila Parishad has pleaded that Rs.1, 18,575/- has been paid for gratuity and

Rs.61, 200/- for earned leave to the petitioner. For the period during which the petitioner remained suspended, an amount of Rs.1, 03,855/- has been

sanctioned and paid to the petitioner. Â

Section 7(3) of the Payment of Gratuity Act, 1972 provides that 30 days after the gratuity becomes payable, the employer shall arrange the amount

of gratuity for payment to the employee. Section 7(3A) provides that if delay in payment of gratuity is not attributable to the employee, interest is

payable on the amount of gratuity.

In the counter-affidavit, the respondent-Zila Parishad has simply pleaded that since the service record of the petitioner was not traceable, payment

in time could not be made to him. The petitioner also has failed to plead necessary facts for payment of interest of gratuity and accordingly, instead

of granting interest on the entire amount of gratuity from 01.03.1995 till 06.02.2018, in my opinion, it would serve the interest of justice if an amount of

Rs.50, 000/- is paid to the petitioner as interest on the amount of gratuity.

With the aforesaid direction, the writ petition stands disposed of.  Â

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