Karnataka HC orders gratuity payment to retired govt employee after 16-year delay, pulls up govt for callousness

After his gratuity was not paid, he obtained an order from the relevant authority in his favour in 2012, which stated that a sum of Rs 4,09,550 had to be paid to him along with 10 per cent interest.

The bench ordered that the petitioner would have to get gratuity at the sum determined in 2012 along with 10 per cent interest. It was further stipulated that in case of any further delay beyond the 30th day of the court order, the State would have to pay a fine of Rs 1000 per day to the petitioner on top of the interest.

The current case has been proceeding before the high court since 2014 as the sum was not paid to him. The petitioner’s counsel raised the issue of non-payment despite the original order having ordered payment within three months and failing that the dues be recovered as arrears of land revenue.

Taking a dim view of the matter, the bench noted, “It is trite that the gratuity is not a bounty that can be withheld at the sweet will or whim of the employer. ….State treating its employee of not paying gratuity, a terminal benefit for the last 16 years depicts apathy towards the citizens, particularly of the retired employees, whose voices have become feeble by the progression of age and therefore the State does not hear such voices. Thus, callousness is displayed, not for a year or two but close to 2 decades….”

The bench further added that if an employee whose retirement is dependent on terminal benefits, gratuity, “of which is one is delayed or denied”, he would be condemned to penury. “This act of the state is sans countenance. The employee is still fighting to get the gratuity that he is supposed to have received within one month from 31.01.2007. Therefore, the petitioner becomes entitled to issuance of a writ in the nature of mandamus directing immediate disbursal of gratuity to the petitioner along with interest,” the court held.