Case Note & Summary
The petitioner, Motilal s/o Babulal More, retired from the services of the Zilla Parishad, Nandurbar on 31st May 2013 upon attaining the age of superannuation. He was paid pension and other pensionary benefits, but the gratuity amount of Rs.3,65,310 and the commutation amount of Rs.4,44,802 were not paid to him. After waiting for more than six months, the petitioner filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking payment of these amounts with interest. The respondents, the Zilla Parishad and the State of Maharashtra, did not file any reply or contest the petition. The court, after hearing the counsel for the petitioner and the respondents, observed that the non-payment of gratuity and commutation amount without any authority of law violated the petitioner's right to property under Article 300A of the Constitution. The court directed the respondents to pay the gratuity amount of Rs.3,65,310 and the commutation amount of Rs.4,44,802 to the petitioner within four weeks, along with interest at 6% per annum from the date of retirement (31st May 2013) until the date of actual payment. The court also granted liberty to the petitioner to file a separate proceeding for recovery of any other amounts due. The writ petition was disposed of with these directions.
Headnote
A) Constitutional Law - Right to Property - Article 300A of the Constitution of India - Gratuity and Commutation Amount - The petitioner retired on 31st May 2013 and was paid pension and other benefits but gratuity of Rs.3,65,310 and commutation amount of Rs.4,44,802 were withheld without any reason. The court held that gratuity and commutation amount are property within the meaning of Article 300A and cannot be withheld without authority of law. The respondents were directed to pay the amounts with interest at 6% per annum from the date of retirement till payment. (Paras 1-5) B) Service Law - Retiral Benefits - Delay in Payment - Interest - The court observed that the respondents failed to pay the retiral benefits within a reasonable time after retirement. The petitioner had to wait for more than six months and then file a writ petition. The court directed payment of interest at 6% per annum on the delayed amounts from the date of retirement till actual payment. (Paras 2-5)
Issue of Consideration
Whether the petitioner is entitled to gratuity and commutation amount along with interest for the delayed payment after his retirement.
Final Decision
The court directed the respondents to pay the gratuity amount of Rs.3,65,310 and commutation amount of Rs.4,44,802 to the petitioner within four weeks, along with interest at 6% per annum from the date of retirement (31st May 2013) until the date of actual payment. The petitioner is at liberty to file separate proceedings for recovery of any other amounts due. The writ petition was disposed of.
Law Points
- Right to property under Article 300A
- gratuity as property
- delayed payment of retiral benefits
- interest on delayed payment
- Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
