Delhi High Court - Orders
Sh. Charanjiv Arora And Ors vs Union Of India And Ors on 12 October, 2020
Author: Jyoti Singh
Bench: Jyoti Singh
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4736/2019
SH. CHARANJIV ARORA AND ORS. ..... Petitioners
Through: Mrs. Kajal Chandra, Advocate.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Vikas Mahajan, CGSC for UOI.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 12.10.2020 Hearing has been conducted through Video Conferencing. C.M. 25258/2020 This is an application filed by the Petitioners seeking directions to the Respondents to pay enhanced gratuity amount to the Petitioners along with interest @ 10% per annum from 01.01.2016 till the date of realization in terms of the Administrative circular dated 06.03.2020 issued by the Reserve Bank of India.
Learned counsel for the Petitioners draws the attention of the Court to the circular, relevant portion of which reads as under:-
"all retired employees who were on Leave Preparatory to Retirement (LPR) on January 1, 2016 will be eligible for payment of gratuity enhanced in terms of AC No. 2 dated November 3, 2016. All offices are, therefore, requested to calculate gratuity as per the instructions contained in AC No.2 dated November 3, 2016 in respect of retired employees who were on LPR on January 1, 2016 and difference between gratuity already paid and enhanced gratuity calculated as per AC No.2 dated November 3, 2016, may be paid to them, if not paid in the past, along with simple interest calculated @ 10% per annum from December 3, 2016 till the date of making payment. The Offices may exercise utmost care to avoid double payment to retired employees".
Ms. Chandra submits that once the RBI has decided to release enhanced gratuity to those who were on Leave Preparatory to Retirement as on 01.01.2016, there is no reason why the enhanced gratuity should not be released to the Petitioners who retired post 01.01.2016.
Issue notice.
Mr. Vikas Mahajan accepts notice on behalf of the Union of India. He submits that he has no role to play in the present matter and therefore there is no requirement for filing the reply.
Issue notice to Respondent Nos.5, 6 and 7, returnable on 09.11.2020. Petitioners are at liberty to serve the Respondents through the electronic mode. Additionally, the Petitioners are permitted to serve the counsels appearing for respective Respondents through electronic mode.
List the application on 09.11.2020 along with W.P.(C) 4736/2019.
JYOTI SINGH, J OCTOBER 12, 2020 sr