Manisana, J.

1. In this application under Article 226 of the Constitution of India, the petitioner has prayed that a writ of Mandamus be issued directing the Gauhati University to pay his gratuity with interest.

2. The petitioner Shri N.N. Siddhant joined Gauhati University in the year 1955 and retired as Professor and Head of the Chemistry Department of the University on and from 31.3.84. Under rule 3 of the Gauhati University Retirement Benefit Rules, 1974, the petitioner opted the schemes set out in Appendix B to the Rules. The petitioner has not been paid the gratuity as provided under para 2 of the Appendix B. It appears that sometime in the year 1987, the Gauhati University raised for recovery or adjustment of certain amount of money pertaining to 1969-1975. The petitioner submitted reply to the University that nothing was to be paid by or recovered from him. Be that as it may, the petitioner has not been given his gratuity.

3. Para 2 of the Appendix B provides that an employee who has completed minimum service by which he becomes entitled to Universitys share of contribution to the CP Fund, shall be granted gratuity in accordance with the scale of gratuity indicated Schedule `C. The gratuity shall be payable on his leaving service of the University. In the event of his demise the gratuity shall be payable to the nominee or nominees of the deceased in the manner prescribed (vide Annexure Forms V to VIII).

4. The fact-position of the case indicates that it is a case of withholding of payment of gratuity on the ground of non-adjustment or for recovery of certain amount which is disputed by the petitioner Para 2 of the Appendix B creates a legal right-duty relationship between the employees and the University. Therefore, it is the statutory duty of the University to pay the gratuity to the petitioner on his retirement from the service, and in absence of any statutory provision authorising the University to withhold payment the University has no right to withhold the statutory payment. Therefore, the University has acted illegally in withholding the payment. In the above view of the matter when there is a legal right-duty relationship between the petitioner and the University, Mandamus cannot be refused to the aggrieved party.

5. For the foregoing reasons, the petition is allowed. The Gauhati University is directed to pay the gratuity to the petitioner amounting to Rs 24,000/- with interest at 12% from 1.6.84 till the date of payment. The payment shall be made within a period of three (3) months from the date of receipt of a copy of this order. Office to send a copy of this order to the Registrar, Gauhati University, immediately. No costs.