SURESH KUMAR KAIT, ABHINAND KUMAR SHAVILI
State of A. P. – Appellant
Versus
K. Stanaka – Respondent
Suresh Kumar Kait, J.
Vide the present writ petition, petitioners have challenged order dated 09.02.2017 passed in O.A.No.1184 of 2016 by the A.P. Administrative Tribunal, whereby the application filed by the respondent under Section 19 of the Administrative Tribunals Act, 1985, has been allowed.
2. Learned counsel appearing on behalf of the petitioners submits that the Government of India through OM No.7/3/84-Pension Unit dated 28.07.1984 has issued order allowing interest on delayed payment of gratuity at the rate of 7% per annum for the period beyond 3 months and upto 1 year and beyond 1 year at the rate of 10% per annum. According to these orders, interest will be allowed only where it is clearly established that the payment of retirement gratuity was delayed on account of administrative lapse or for reasons beyond the control of the Government servant concerned. These rules also contemplated fixing the responsibility for taking necessary action against the persons responsible for such delay in payment. The AG, AP, Hyderabad, in his letter dated 03.07.1986 has requested to consider the adoption of similar orders on State side. The suggestion of AG, AP, Hyderabad has been e
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