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Hari Ram vs Managing Director, P.R.T. Corporation ... on 3 May, 2004

"The petitioner is seeking a direction to be issued to the respondents to release the amount of gratuity of Rs. 49,500/- that has been withheld. In the written statement filed on behalf of the respondents, it is stated that the said amount has to be recovered from the petitioner on account of the arrears of pay in excess that what was due to him. There was no fraud or misrepresentation on the part of the petitioner. Since the petitioner has retired from service, for no fault of him, no part of the gratuity found due to him, could be withheld. The question involved in the writ petition is squarely covered by the decision of this Court in Civil Writ Petition No. 1141 of 1997 (Jagjit Singh v. Punjab State and Ors.) decided on April 11, 1997 and Civil Writ Petition No. 16258 of 1996 (S.D. Teneja v. State of Haryana) decided on April 1, 1997. The impugned order directing recovery to be made from the gratuity payable to the petitioner is hereby quashed and set aside. The respondents are directed to pay full amount of gratuity due to the petitioner within four weeks from today. In case of delay, payment shall be made with interest at the rate of ten percent per annum upto the date of actual payment, A copy of the order may be given to the learned Advocate General, Punjab, dasti.
Punjab-Haryana High Court Cites 2 - Cited by 0 - S S Nijjar - Full Document
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