https://www.taxtmi.com/caselaws?id=468767 Where the High Court Judges (Conditions of Service) Act, 1954 contained no express provision on death-cum-retirement gratuity for a judge who retired before 1-10-1974, Rule 2 of the High Court Judges Rules, 1956 attracted the corresponding benefit available under the All India Services (Death-Cum-Retirement Benefits) Rules, 1958, and gratuity was held payable. The writ claim was not rejected for delay or laches, because stale claims in writ jurisdiction are assessed on equitable facts, including prejudice and abandonment, not by a rigid limitation period. On interest, statutory interest at 5% per annum was payable under Rule 19A after delay beyond three months, with enhanced interest at 12% per annum directed for a limited period subject to the indicated further safeguard. en-us Fri, 16 Dec 1994 00:00:00 +0530 Sat, 11 Jul 2026 12:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=468767 Where the High Court Judges (Conditions of Service) Act, 1954 contained no express provision on death-cum-retirement gratuity for a judge who retired before 1-10-1974, Rule 2 of the High Court Judges Rules, 1956 attracted the corresponding benefit available under the All India Services (Death-Cum-Retirement Benefits) Rules, 1958, and gratuity was held payable. The writ claim was not rejected for delay or laches, because stale claims in writ jurisdiction are assessed on equitable facts, including prejudice and abandonment, not by a rigid limitation period. On interest, statutory interest at 5% per annum was payable under Rule 19A after delay beyond three months, with enhanced interest at 12% per annum directed for a limited period subject to the indicated further safeguard. Case-Laws Indian Laws Fri, 16 Dec 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=468767