Ashok Kumar Upadhyaya vs The State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 3566 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 1015 of 2023
 

 
Petitioner :- Ashok Kumar Upadhyaya
 
Respondent :- The State Of U.P. Thru. Prin. Secy. Dairy Development Deptt. Lko. And 2 Others
 
Counsel for Petitioner :- Pradeep Kumar Tripathi
 
Counsel for Respondent :- C.S.C.,Shanker Lal
 

 
Hon'ble Pankaj Bhatia,J.

Present petition has been filed stating that although the petitioner has been paid the amount of gratuity, the interest has not been paid to which the petitioner is entitled by virtue of Section 7(3A) of the Payment of Gratuity Act.

The issue has already been considered and decided by this Court in Writ Petition No.29142 (SS) of 2021 vide order dated 13.12.2021. Thus, following the said judgment, which has been upheld in appeal, the present petition is disposed off directing respondents to pay simple interest at the rate of 6% per annum from 30 days after the date of retirement till the date of actual payment.

The payment as directed above, shall be made within a period of two months.

This order has been passed in the presence of Shri Pankaj Patel, learned counsel appearing for respondent nos.2 & 3.

Order Date :- 3.2.2023

nishant