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Judgment
Surinder Singh, J.—In the present petition, petitioner has sought interest on the delayed payment of the gratuity amount.
The petitioner retired as Lecturer (English) from Government Senior Secondary School Lambloo, district Hamirpur on 28th February, 2001. He was paid gratuity amount on 31.7.2003, i.e. after about 27 months from the date of his retirement, without any fault on his part, hence claimed interest @ 12% per annum on the gratuity amount of Rs. 1,04,999/-
A perusal of the record shows that the petitioner has also filed a suit for mandatory injunction in the Civil Court for the interest which was dismissed on 10.5.2007, on the ground of jurisdiction. It was thereafter, the present petition was filed in the Erstwhile Tribunal.
The petitioner filed an original application before the Erstwhile Tribunal, in the year 2007. After the abolition of the Tribunal, this matter was transferred to this Court and was registered as CWP(T).
Despite reasonable opportunities, respondents did not file any reply. On 1.11.2011, one more opportunity was sought, which was allowed and the case was fixed for 13.12.2011, again reply was not filed, but still one more opportunity was granted, which was also not availed. Despite according repeated and reasonable opportunities, the respondents have miserably failed to respond to this petition, which means that the respondents have nothing to say in the matter.
Against the above background and in absence of any response by the respondents as to why the payment of gratuity amount was delayed, the petitioner is held entitled for the simple interest @ 9% per annum from the date it fell due. Thus, the respondents are hereby directed to pay the aforesaid interest within a period of three months from filing the certified copy of this judgment, failing which, it shall carry an interest @ 12% per annum from the date it fell due.
With these directions, the petition stands disposed of, so also the pending application(s), if any.