ORDER

Though notice was sent to the respondent on May 8, 1992, till date neither the acknowledgment card nor unserved notice has been received back. Under those circumstances, notice must be deemed to have served.

Leave granted.

2. The only question argued in this appeal is: whether the respondent is entitled to the payment of interest for failure to release the death-cum-retirement gratuity under the Rules? the tribunal in the impugned order made on 22.11.1990 in OA No. 1383/90 directed interest @ 7% per annum for the first twelve months and @ 10% per annum for the period thereafter. The admitted position is that the respondent was unauthorisedly in occupation of the quarter allotted to him and, therefore, he was not paid death-cum-retirement gratuity since the respondent had remained in possession unauthorisedly for more than two years. This question was considered by this Court in Raj Pal Wahi & Ors. v. Union of India & Ors.1 and held that in those circumstances, the Court unable to hold that the petitioners are entitled to get interest for the delayed payment of death-cum-retirement gratuity as the delay in payment occurred due to the order passed on the basis of the said circ