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2014 (2) TMI 630 - HC - Indian LawsDeduction in gratuity amount - Gratuity amount deducted for earned leaves - Held that:- No counter affidavit has been filed on behalf of Respondent nos.1 to 5. However, on record, an affidavit shown by the Dy. Superintendent of Police (Headquarters), Nalanda purported to be filed on behalf of Respondent no.6 is available. Respondents have not controverted the statement made in the writ petition specifically in its paragraph-8 that the husband of the petitioner was on duty in Police Line, Nalanda between the period for which recovery order has been passed. Fact remains that the recovery of Rs.99,858/- was directed to be made from the gratuity amount of husband of the petitioner, who died in harness. The death of the husband of the petitioner had occurred on 27.12.2004 and recovery order has been passed after about two years from the death of her husband. There is no ambiguity that the amount payable under the head of gratuity is not even liable to be attached in execution of decree or order. It is evident that right to receive the payment of gratuity amount is protected right and it cannot be taken away by the employer. Moreover , in peculiar facts and circumstances of the present case, the Court is of the opinion that the order for deduction of Rs.99,858/- from the gratuity amount was not sustainable in the eye of law and, as such, the writ petition stands allowed directing the Respondents to refund the deducted amount of Rs.99,858/- to the petitioner within a period of two months from the date of receipt/production of a copy of this order, failing which the petitioner shall be entitled to get interest on the said amount @ 6 % per annum from the date of order till the date of realization - Decided in favour Appellant.
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