K.M. Thaker, J.

1. Heard Mr. Chauhan, learned advocate for the petitioner and Mr. Mankad, learned advocate for the respondent and Ms. Megha Chitaliya, learned AGP.

2. In present petition the petitioner has prayed, inter alia, that:-

"24(A) YOUR LORDSHIPS may be pleased to direct the respondents to release the principal amount of gratuity to the tune of Rs. 1,38,979/- and interest at the rate of 18% from due date till its actual realization and 18% interest on the delayed payment of the principal amount being 1,86,615/- for 1 year and 2 1/2 months, which as due and payable on 1.8.2007."

3. So far as relevant facts are concerned, the petitioner has averred and stated that:-

"2. The petitioner by way of this petition under Article 226 of the Constitution of India, begs to challenge the inaction on the part of the respondents in not releasing the due payment towards remaining gratuity and interest accrued thereon which was due and payable to the petitioner on 1.8.2007 to the tune of Rs. 2,94,217/- out of said amount part payment of Rs. 1,80,615/- was made on 16.10.2008, intere