KANTI CHARAN TRIPATHIversusWATER AND SANITATION MANAGEMENT ORGANIZATION WASMO

      C/SCA/16084/2024                             ORDER DATED: 24/02/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 16084 of 2024

==========================================
                    KANTI CHARAN TRIPATHI
                            Versus
  WATER AND SANITATION MANAGEMENT ORGANIZATION WASMO
==========================================
Appearance:
MS JANHVI N SONGARA(13254) for the Petitioner(s) No. 1
MS AAYUSHI SHUKLA FOR MR RITURAJ M MEENA(3224) for the
Respondent(s) No. 1
==========================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 24/02/2026

                              ORAL ORDER


1.      Present petition is 1led by the petitioner under Articles 226 and
227 of the Constitution of India and under the provisions of the
Payment of Gratuity Act (for short “the Act”) seeking following reliefs:-

(A)      Your Lordships be pleased to issue writ of certiorari and/or writ
         of mandamus and/or any other appropriate writ, order or
         direction in the like nature to quash and set aside the
         impugned orders dated 26.02.2024 passed by the Learned
         Controlling Authority and the order dated 02.09.2024 passed
         by the Learned Appellate Authority under the provisions of the
         Gratuity Act, qua denying the bene(ts of interest on gratuity
         as payable under the Act.

(B)      Your Lordships be pleased to impose an exemplary cost of
         Rs.50,000/- against the respondent for wilful and deliberate act
         on delaying the payment of gratuity and denying the amount
         of interest on the gratuity.

(C)      Pending hearing and (nal disposal of this petition, Your


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      C/SCA/16084/2024                            ORDER DATED: 24/02/2026




         Lordships be pleased to direct the respondent to pay the
         bene(ts of interest on the amount of gratuity from the date of
         amount payable as per the provisions of the Act.

(D)      Your Lordships be pleased to pass any other and further orders
         as may be deemed (t and just in the interest of justice.


2.      Facts of the present case are that the petitioner was appointed
as Assistant Manager on 01.04.2005 and he had rendered service for
thirteen and half years and, therefore, he is entitled for the amount of
gratuity and w.e.f. 28.02.2019, the petitioner was retired from the
services. That as per Section 7(3) of the Act, the petitioner was
entitled to receive the amount of gratuity within 30 days from the
date of retirement, but same has not been done in time and,
therefore, the petitioner was entitled to get interest at the rate of 10%
per annum as per Section 7(3-A) of the Act from the date of
retirement. The petitioner had 1led the proceedings for recovery of
the gratuity amount with interest before the Controlling Authority
which came to be allowed and ordered to pay 10% interest. Being
aggrieved, the petitioner had preferred an appeal before the
Appellate Authority which was allowed and the order passed by the
Controlling Authority was con1rmed.


3.      Being aggrieved and dissatis1ed with the aforesaid orders, the
petitioner has preferred this petition.


4.      Heard Ms.Janhvi Songara, learned counsel for the petitioner and
Ms.Aayushi Shukla, learned counsel for Mr.Rituraj Meena, learned
counsel for the petitioner. Perused the material on record.


5.      This Court has considered the submissions canvassed by



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     C/SCA/16084/2024                                    ORDER DATED: 24/02/2026




learned counsel appearing for the respective parties and the material
along with the relevant documents available on record. This Court has
gone through the order passed by the Controlling Authority and the
order passed by the Appellate Authority.


6.     From the material on record, it reveals that the petitioner was
retired from the service w.e.f. 28.02.2019 and, therefore, as per the
Rules, he was entitled to get the payment of gratuity, despite of this
fact, the authority has not paid the amount of gratuity in time. That
the petitioner          approached   the Controlling Authority           and       the
Controlling Authority directed the concerned authority to pay 10%
simple interest on gratuity from the date of application, against which
the petitioner had preferred an appeal before the Appellate Authority.
After hearing both the parties, the Appellate Authority has observed
that from 01.03.2019 to 19.09.2023, the amount of gratuity was due
and payable along with 10% simple interest and considering the
relevant evidence, the Appellate Authority has con1rmed the order
passed by the Controlling Authority as the petitioner himself has 1led
an application after a period of four years and therefore he was not
entitled to get interest from the date of retirement. The Appellant
Authority has, while relying upon the order passed by this Court in
Special Civil Application No. 10260 of 2013, dismissed the appeal.


7.     This Court is of the view that the petitioner was already retired
from the services w.e.f. 28.02.2019           and   he    had     preferred        an
application after a delay of four years and, therefore, at the behest of
the petitioner, the liability to pay interest cannot be fastened upon the
respondent from the date of retirement. On perusal of the aforesaid
orders passed by the authorities below, this Court is of the opinion
that there is no any illegality and in1rmity in the orders and the

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        C/SCA/16084/2024                                                                 ORDER DATED: 24/02/2026




authorities below have not committed any error of facts and law in
passing the orders and, hence, the petition being meritless deserves
to be dismissed.


8.         In the result, the petition is dismissed accordingly. There shall
be no order as to costs.

                                                                     (HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 25/02/2026 16:26:48




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