Harcharanjit Kaur v. Central Board Of Secondary Education New Delhi Th Its Secretary And ORS

CWP No. 13733 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 13733 of 2016 Date of Decision:-11.10.2018 Harcharanjit Kaur

...Petitioner

Versus

Central Board Secondary Education and others

...Respondents

CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present:- Mr. Amrik Singh, Advocate for the petitioner.

Mr. Sanjay Tangri, Advocate for respondent Nos.2 and 3.

RAJIV NARAIN RAINA J.(Oral) Prayer in this petition is for issuance of a writ, order or direction in the nature of mandamus directing the respondents to release the gratuity amount accrued to the petitioner along with interest @ 18% per annum after the retirement of the petitioner on completion of 24 years of service on 31.1.2009.

There is an alternative remedy, which is equally efficacious available to the petitioner before the controlling authority under the Payment of Gratuity Act, 1972, where their claim with regard to the gratuity can be adjudicated. In case an application is filed before the controlling authority it would go into the question of delay in making an application VIJAY ASIJA 2018.10.22 11:24 I attest to the accuracy and integrity of this document

CWP No. 13733 of 2016 -2and whether the application is barred, by recording proper findings thereof by excluding the time spent in these proceedings. Dismissed with the aforesaid liberty.

October 11, 2018 ( RAJIV NARAIN RAINA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No VIJAY ASIJA 2018.10.22 11:24 I attest to the accuracy and integrity of this document