The writ petitioner, respondent herein, a retiree of 1982 invoked the extra ordinary jurisdiction of the writ court for payment of interest on the delayed disbursement of gratuity. Writ petition came to be allowed by judgement dated 07-10-2002 requiring the respondents, appellants herein to pay interest @ 12% on withheld gratuity within a period of two months failing which further interest @ 6% shall be payable by the officers responsible for the delay. Being aggrieved, the judgement is questioned by medium of this LPA on the ground that during the pendency of judicial proceeding the appellants could not make the payment because such course is not permissible under rules. To substantiate the contention reliance is placed by Mr. Salathia on article 168-D of the "J&K Civil Service Regulations 1956" (for short CSR), which may be noticed:

"168-D(1) Where any departmental or judicial proceeding is instituted under Art. 168-A or where departmental proceeding is continued under clause (a) of proviso thereto against an officer who has retired on attaining the age of compulsory retirement or otherwise, he shall be paid during the period commencing from the date of his retirement