Jagdamba Singh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21158 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52185
 
Court No. - 7
 
Case :- WRIT - A No. - 5753 of 2023
 
Petitioner :- Jagdamba Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development Lko. And 2 Others
 
Counsel for Petitioner :- Pradeep Kumar Tripathi
 
Counsel for Respondent :- C.S.C.,Shanker Lal
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Ms Shruti Sahu, Advocate, who claims to have filed vakalatnama on behalf of respondents no. 2 and 3 in the registry.

With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of.

The instant writ petition has been filed praying for following main reliefs:

"(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no 2&3 to pay simple interest @6% per annum after 30 days of retirement till the date of actual payment to the petitioner on delayed payment/disbursement of gratuity, within stipulated period, in the interest of justice.

(ii) Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 2 & 3 to consider the claim of petitioner for payment of interest on delayed payment of gratuity in view of judgment and order dated 25.10.2021 passed in Service Single No 22370 of 2021 which attained finally vide order dated 13.3.2023 passed by Hon'ble Apex Court in Special Leave to Appeal No. 8395 of 2022, with stipulated period, in the interest of justice."

After arguing the matter at some length, learned counsel for the petitioner submits that with regard to the reliefs sought in the writ petition, the petitioner may be permitted to submit a fresh representation before the respondent no.2 i.e. Managing Director (Administrative Committee) Pradeshik Cooperative Dairy Federation Limited, Lucknow which may be directed to be decided within a time frame fixed by this Court to which learned Counsel for the respondents have no objection.

In view of the above, it is provided that in case the petitioner submits a representation within two weeks from today before respondent no.2 then respondent no.2 shall endevour to decide the same by means of a reasoned and speaking order in accordance with law and the relevant rules within a further period of two weeks from the date of submission of the representation along with certified copy of this order.

With the aforesaid direction, writ petition is disposed of.

It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner.

Order Date :- 8.8.2023

J.K. Dinkar