ORAL ORDER

1. Present petition is filed by the petitioner under Articles 226 and 227 of the Constitution of India with the following reliefs.

(A) Your Lordships be pleased to admit and allow the present application of the petitioner.

(B) This Hon’ble Court may be pleased to issue and appropriate writ, order or direction to quash and set aside communication / order dated 27.06.2023 passed in Gratuity Appeal No. 08 of 2023 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 and order dated 17.01.2023 passed in Gratuity Application No. (PGA) 89 of 2022 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 and further may be pleased to reject the case of respondent No.1.

(C) Pending the admission, hearing and final disposal of the petition, execution, implementation and operation of impugned communication / order dated 27.06.2023 passed in Gratuity Appeal No. 08 of 2023 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 and order dated 17.01.2023 passed in Gratuity Application No. (PGA) 89 of 2022 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 may kindly be stayed.

(D) Your Lordships be pleased to grant such other and further relief or reliefs to which this Hon’ble Court deemed fit, in the interest of justice, may kindly be granted.

2. The facts giving rise to present petition are that the respondent No. 1 herein was an employee of Gujarat Water Supply and Sewerage Board. The respondent No.1 was selected and appointed as Additional Assistant Engineer (Civil) on 23.12.1981 and was superannuated on 30.06.2018. The respondent No.1 who was lastly drawing monthly gross pay of Rs.83,997/- was released all the retiral benefits in accordance with the rules and regulations of Gujarat Water Supply and Sewerage Board.

2.1 The respondent No.1 was also entitled to gratuity under the provisions of the Payment of Gratuity Act, 1972 and necessary steps were initiated for payment of the same.

2.2 The respondent No.1 was retired on 30.06.2018 and he was paid an amount of Rs.17,11,289/- towards gratuity. However, after availing the said benefit respondent No.1 preferred Gratuity Application (PGA) No.89 of 2022 before the respondent No.3 praying for interest. A detailed reply was filed on behalf of petitioner and the said demand was controverted on the basis of facts as well as the policy of the Board but the said submission did not yield any result and the respondent No.3 vide order dated 17.01.2023 had ordered to pay interest @ 10% per annum on Rs.13,25,262/- for a period commencing from 01.08.2018 to

13.02.2022.

2.3 The petitioner being aggrieved by the said order preferred Gratuity Appeal No. 08 of 2023 before the respondent No.2 and the said appeal came to be rejected.

3. Heard Ms.Niyati Chauhan, learned counsel appearing for the petitioner. Perused the materials placed on record.

4. Ms.Chauhan, learned counsel for the petitioner has submitted that the impugned order passed by the respondent No.3 and confirmed by respondent No.2 awarding interest @ 10% is illegal, unjust and contrary to the facts and material available on record and contrary to the provisions of the Payment of Gratuity Act. She has submitted that respondent No.1 herein has attained the age of superannuation on 30.06.2018 and as per the then prevailing policy of the Board, he was entitled to an amount of Rs.10 Lakh towards gratuity.

4.1 In view of the above facts, Ms. Chauhan, learned counsel for the petitioner urges before this Court that the impugned order passed by the concerned authority may be quashed and set aside and present petition may be allowed.

5. I have perused the material along with the relevant documents available on record. I have also gone through the impugned order passed by the Controlling Authority and confirmed by the Appellate Authority.

6. It appears that the respondent was retired from service on 30.06.2018 and therefore, as per rules, he was entitled to get the payment of