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CONT.CAS(C)12/2015
VIJAY PRAKASH VIJAY Petitioner In CONT.CAS(C)12/2015
RAGHUBIR SINGH SAINI Petitioner In CONT.CAS(C)15/2015
SURINDER KUMAR Petitioner In CONT.CAS(C)16/2015
Represented by: Mr.Subhash Chander,Adv.
Represented by: Mr.G.K.Pathak,Adv.
09.01.2015
ORDER
1. Vide the present petitions,petitioners are seeking compliance oforder dated 17.10.2014 passed by this Court and the order dated 21.12.2012 passed by the Controlling Authority under the Payment of Gratuity Act,
1972.
2. This is the second round oflitigations before this Court. This Court disposed of the earlier Writ Petitions being W.P.(C) Nos. 7127/2014, 7128/2014 and 7129/2014 thereby directing the counsel for the respondent no. 3 / University of Delhi to advise his client to take suitable steps for 2015:DHC:10853 making compliance of the orders passed by the competent authority under the Payment ofGratuity Act, 1972,
3. Ld. Counsel appearing on behalfofthe respondent on advance notice submits that order dated 21.12.2012 was challenged before this Court and the same was dismissed by the Coordinate Bench ofthis Court. Thereafter, LPA was filed against the said order, which is still pending and the petitioners are appearing therein.
4. Ld. Counsel appearing on behalfofthe respondent has undertaken to deposit the amount as directed by the Controlling Authority under the Payment of Gratuity Act, 1972 before the Registry and same may be disbursed subject to the outcome of the LPA Nos. 810/2013, 537/2014, 538/2014 and 545/2014.
5. In view ofabove,the respondent is directed to deposit the amount of Rs.96,971/- with the Registrar General ofthis Court within three weeksfrom today with interest@ 10%per annum from the date oforder passed by the Controlling Authority under the P.G. Act till the date of deposit. The amount shall be disbursed subject to the outcome ofLPA NOs. 810/2013, 537/2014,538/2014 and 545/2014.
6. In view ofabove,the petitions are disposed of.
SURESH KAIT,J plo JANUARY 09,2015//g,
I. t'' $~l-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C)12/2015 + CONT.CASfC)15/2015 + CONT.CAS(C)16/2015 VIJAY PRAKASH VIJAY Petitioner In CONT.CAS(C)12/2015 RAGHUBIR SINGH SAINI Petitioner In CONT.CAS(C)15/2015 SURINDER KUMAR Petitioner In CONT.CAS(C)16/2015 Represented by: Mr.Subhash Chander, Advocate.
VERSUS
PROF TARUN KUMAR DASS THE REGISTRAR (MANAGEMENT)UNIVERSITY OF DELHI Respondent Represented by: Mr.Shiv Ram Singh for Mr.G. K.Pathak,Advocate. CORAM: HON'BLE MR.JUSTICE SURESH KAIT ORDER % 09.02.2015 CM Nos.1552.1550 & 1551 /2015 in CONT.CAS(C)Nos.12.15 & 16 of
1. Vide the instant applications, the applicants/petitioners seek modification in para 5 ofthe order dated 09.01.2015.
2. Notice issued.
3. Learned counsel named above accepts notice on behalf of the respondent.
4. Learned counsel appearing on behalf ofthe petitioners submits that / s pursuant to order dated 21.12.2012, the amount to be deposited by the respondent is as under:- Rs.96,971/- in favour ofVijay Prakash Vijay; Rs.76,380/- in favour ofRaghubir Singh Saini;and Rs,1,78,770/- in favour ofSurinder Kumar.
5. The respondent was further directed to pay simple interest at the rate of10%per annum to be calculated on the amount become payable from the date ofretirement/superannuation ofthe petitioners till the date on which it is actually paid.
6. In view ofthe above noted facts, para-5 ofthe aforesaid order dated 09.01.2015 shall be read as under:-
7. No further order is required.
8. The applications stand disposed ofaccordingly.
9. A copy of this order be given dasti to the learned counsel for the parties. SURESHKAIT,J. FEBRUARY 09,2015 sb