Ambadas Digambar Deshpande v. Bhausaheb Bhikan Chavan And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.614 OF 2019 (Ambadas s/o Digambar Deshpande Vs. Bhausaheb Bhikan Chavan and others) IN WRIT PETITION NO.8443 OF 2018 Mr.R.R.Barahate h/f Mr.A.D.Kawre, Advocate for the petitioner. Mr.S.G.Sangle, AGP for respondent No.1.

Mr.M.M.Joshi, Advocate for respondent Nos. 2 and 3. ( CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.) DATE : OCTOBER 20, 2022 PER COURT :

1.

The order of this Court dated 22.03.2019 passed in WP No.8443/2018, has been complied with by payment of the gratuity amount of Rs.1,10,500/- vide cheque No.042656 dated 18.08.2022. 2.

The learned Advocate for the petitioner submits that his gratuity amount was withheld unreasonably and no interest has been paid on the said amount, which is paid to him after 3 years. 3.

In view of the above, it would be advantageous to refer to Section khs/Oct.2022/614

- 2 - 8 of the Payment of Gratuity Act, 1972, which grants compound interest thereon at such rates as the Central Government may, by notification, specify.

4.

As such, the Zilla Parishad shall calculate the amount of interest @ as prescribed u/s 8 of the Payment of Gratuity Act, 1972 with compound interest, per annum, and pay the said amount to the petitioner, on or before 30.12.2022. Liberty to the Zilla Parishad to recover the interest component from the Officer, who delayed the clearing of the file for 3 years leading to the payment of gratuity on 18.08.2022.

5.

In view of the above, this petition is disposed off. ( SANJAY A. DESHMUKH, J. ) ( RAVINDRA V. GHUGE, J.) khs/Oct.2022/614