Ram Das Verma vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 5471 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 1511 of 2023
 

 
Petitioner :- Ram Das Verma
 
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 Pankaj Bhatia,J.

Contention of learned counsel for the petitioner is that the petitioner was working with the respondents and retired on 30.11.2019. It is stated that after the retirement, the petitioner was paid part of the gratuity, however, the balance gratuity has been withheld on account of some audit objections for the period 2016 - 2017.

Learned counsel for the petitioner argues that in similar circumstances an order was passed withholding the gratuity on the same ground and this Court had entertained and decided the writ petition by means of a judgment dated 06.01.2023 passed in Writ - A No.79 of 2023 (Jata Shankar Shukla v. State of U.P. & Ors.) wherein this Court had held that withholding of gratuity on the said ground was an improper exercise of power.

In the present case, the withholding of gratuity is exactly on same grounds of which Writ - A No.79 of 2023 was decided, thus, following the said judgment, the present writ petition stands allowed.

Respondents are directed to ensure payment of balance of the gratuity alongwith interest at the rate of 7% per annum from the date of retirement till actual payment/realization, to the petitioner within three months.

It is made clear that this order will not stand in the way of the respondents taking any other steps as may be advised under law.

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

Order Date :- 17.2.2023

nishant