Deshn Devi vs State Of U.P. And 3 Others
2022 Latest Caselaw 8128 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 6999 of 2022
 

 
Petitioner :- Deshn Devi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Kamal Kumar Kesherwani,Ashok Kumar Yadav
 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, learned State Counsel for respondents 1 and 2 and Mr. A.K. Yadav, learned counsel for respondents 3 and 4.

Petition has been filed seeking a direction to respondents to release the admissible interest on delayed payment of gratuity in lieu of services rendered by petitioner's husband late Rajan Lal.

Counter affidavit has been filed on behalf of respondents 3 and 4, which is taken on record.

In paragraph 9 of the counter affidavit sworn by District Basic Education Officer, Mathura although it has been stated that the petitioner is not entitled for payment of interest but at the same time it has also been stated that her case for grant of interest at the rate of 8% per annum from the date of filing of application till the date of actual disbursement is required to be considered in the light of judgment rendered by this Court in Writ Petition No.17399 of 2019 (Usha Rani vs. State of U.P. and others), decided on 7.11.2019. It has been further submitted that the State Government is the sanctioning authority and the payment of interest shall be made once the same is approved by the State Government.

Considering the aforesaid admission on part of respondents 3 and 4, the petition is disposed of in the same terms.

The respondents may take a final decision in the matter within a period of two months from the date a copy of this order is produced before the concerned authority.

Order Date :- 26.7.2022

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