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PULLA KARTHIK
C. P. Surender Rao S/o Padma Rao – Appellant
Versus
A. P. State Cooperative Marketing Federation – Respondent
ORDER :
1. This Writ Petition is filed challenging the action of the respondent in withholding the petitioner’s retirement benefits i.e. Gratuity, Encashment of Leave, two Annual Increments, Stagnated Increment and Reimbursement of Travel Allowance bills for a sum of Rs. 15,000/- without any authority of law, as illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of the Constitution of India.
2. The case of the petitioner is that he was appointed in service of the respondent-Federation in the year 1975 as Assistant District Manager and he was promoted from time to time. Subsequently, he has retired from service on 30.06.2002 on attaining the age of superannuation, while he was working as Manager (Planning) at the Head Office. It is the further case of the petitioner that, while he was working as District Manager of State Cooperative Marketing Federation (in short “MARKFED”) at Miryalaguda, Nalgonda, the Cooperative Special Registrar audited MARKFED and submitted a Special Report, dated 04.02.1984, alleging that, on three counts, an amount of Rs. 3,43,869-42 was misappropriated by the petitioner. Based on the report of the Cooperative Special Registrar, the Joint Regist
The main legal point established in the judgment is the entitlement to interest on delayed payment of gratuity as per Section 7(3A) of the Payment of Gratuity Act, 1972.
Point of Law : It hardly needs to be emphasized that the executive instructions are not having statutory character and, therefore, cannot be termed as "law" within the meaning of aforesaid Article 30....
The court established that employees are entitled to interest on delayed retiral benefits and deprecated the practice of seeking affidavits to waive interest and withdraw cases.
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