Managing Director U.P. Jal Nigam ( ... vs Ramesh Chandra Agrawal
2023 Latest Caselaw 21773 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:53624-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 576 of 2023
 

 
Appellant :- Managing Director U.P. Jal Nigam ( Urban ) Lko. And Others
 
Respondent :- Ramesh Chandra Agrawal
 
Counsel for Appellant :- Rishabh Kapoor,Krishna Kumar Vishwakarma
 
Counsel for Respondent :- Ajay Kishor Pandey
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

C.M.A. No.1 of 2023 (Application for condonation of delay)

1. Heard Shri Rishabh Kapoor, learned Counsel for the appellants and Shri Ajay Kishor Pandey, learned Counsel, who has put in appearance on behalf of respondent.

2. The present special appeal instituted under Chapter VIII Rule 5 of the High Court Rules is delayed by 127 days. The appeal is accompanied with an application for condonation of delay supported by an affidavit.

3. Learned Counsel for the respondent does not have any objection if delay of 127 days in filing the special appeal is condoned.

4. Cause shown being sufficient and in absence of any objection, the application for condonation of delay is allowed and the delay in filing the instant appeal is hereby condoned.

Order on Appeal

5. The present special appeal has arisen out of the judgment and order dated 03.03.2023 rendered by the learned Single Judge in Writ -A No.2086 of 2023 whereby the amount of gratuity payable to the petitioner, having inordinately been withheld, has been directed to be released along with interest at the rate of 7% per annum.

6. Learned Counsel for the appellant drawing attention of the Court to a government order dated 30.10.2007 has argued that as per the government order applicable to the respondent, the rate of interest would be payable much less.

7. On a perusal of the government order placed reliance upon, it is gathered that for any delay in the payment of gratuity, the amount so payable is liable to be released along with the interest payable on the head of 'General Provident Fund'. No specific rate has been mentioned in the government order placed reliance upon. Learned Counsel for the appellant has further stated that interest at the rate of 6% is admissible on such an amount as mentioned in the government order dated 30.10.2007. The submission is not supported by any evidence.

8. In the circumstances of the case, we do not find any apparent fault or error in the impugned judgment. We are of the considered view that the judgement impugned here in the special appeal does not call for any interference in exercise of our appellate jurisdiction.

9. The special appeal bereft of any merit and is accordingly dismissed.

(Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.)

Order Date :- 11.8.2023

Anand Sri./-