Allahabad High Court
Prem Kumar Mishra vs State Of U.P. And 3 Others on 17 July, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:141234
Court No. - 35
Case :- WRIT - A No. - 11125 of 2023
Petitioner :- Prem Kumar Mishra
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Sheetla Sahai Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Vikas Budhwar,J.
Heard Sri Sheetla Sahai Srivastava, learned counsel for the petitioner, learned Standing Counsel for the respondent no. 1 and Sri Avneesh Tripathi, learned counsel for the respondent nos. 2 to 4.
At the very outset Sri Avneesh Tripathi has made a statement at Bar that he has complete instructions in the matter and he does not propose to file any response to the writ petition. On his statement, the writ petition is being proceeded to be heard finally.
The case of the writ petitioner as couched in the present writ petition is that he was initially appointed as Senior Noter Drafter on 02.11.1988 by the Director of Institution in question. It is further the case of the writ petitioner that he superannuated on 31.08.2018 in the Institution /Organization in question. In para 9 of the writ petition it has been further averred that the respondent authorities transmitted the papers to the Director, Directorate of Pension, Indira Bhavan, Lucknow with a request to issue authority letter regarding the pension and gratuity and thereafter, the letter issued dated 22.07.2019 whereby gratuity was calculated to Rs. 8,76,360/- and the writ petitioner is getting pension also. In para 11 of the writ petition, the writ petitioner has further come of with a stand that the writ petitioner is getting pension but gratuity amount has not been paid. Though, in various paragraph of the writ petition the writ petitioner has made assertion that he has been representing his cause before the respondents but no action was taken. The writ petitioner also proposes to rely upon a decision in the case of Apurva Kumar Gupta vs. State of U.P. and 3 others reported in Writ-A No. 456 of 2023, so as to contend that in the said case after exchange of affidavit, this Court directed to the Director Pension Directorate, U.P., Lucknow to pay amount Rs. 12,28,256/- as pension and interest liability at the rate of 12% was also imposed on account of delayed payment of the gratuity amount. In nutshell, the learned counsel for the petitioner seeks extending of the said benefit which has been accorded to his counter part (Apurva Kumar Gupta). Prayer in the present petition is for a direction to the 2nd respondent Vice-Chancellor, Harcourt Butler Technical University, Nawabganj, Kanpur to pay the gratuity amount Rs. 8,76,360/- with interest. Sri Avneesh Tripathi on the basis of the instructions which he has received has sought to argue that there is no dispute regarding the entitlement of the writ petitioner for the gratuity amount as claimed in the writ petition and this case stands squarely covered by the decision in the case of Apurva Kumar Gupta (Supra), but an intra Court appeal has been preferred against the part of the judgment which is at page 3 second last paragraph whereby certain findings have been recorded against the Finance Controller of the University which has been drawn. According to him, the judgment in so far as the other aspects are concerned are not being challenged and they are still intact and would squarely apply in the case of the writ petitioner. Sri Avneesh Tripathi has stated that since the matter stands covered by the judgment in the case of Apurva Kumar Gupta (Supra) and further there is no dispute to the entitlement of the writ petitioner for the gratuity amount. Thus, there is no need to file any response and the writ petition be disposed of in the light and in the terms of the judgment in the case of Apurva Kumar Gupta (Supra).
Learned Standing Counsel has adopted the submissions of Sri Avneesh Tripathi and according to him nothing more is to be added.
Considering the submissions of the rival parties as well as the stand taken by them, the writ petition is being disposed of with a direction to the respondent no. 4 Finance Controller Harcourt Butler Technical University, Nawabganj Kanpur, to ensure the payment of gratuity amount as claimed by the writ petitioner in the present writ petition within a period of two months from the date of the production of the certified copy of this order.
Learned counsel for the petitioner has made a statement at Bar that since the amount has not been paid since 2018 and it is the year 2023 in hand so at least 8% interest be accorded to the delayed payment.
To such a suggestion, Sri Avneesh Tripathi as well as learned Standing Counsel have no objection and they gracefully accept the same.
Accordingly, the writ petition stands disposed of directing the 4th respondent to ensure the payment of gratuity amount as claimed by the writ petitioner along with 8% interest within a period of two months from the date of production of certified copy of this order.
Needless to point out that in case the said amount is not paid within two months and the fault is attributable to the writ petitioner then the University shall pay 12% interest. However, the same is subject to necessary compliance being made by the writ petitioner on communication by the University in writing in advance.
Since the writ petition has been decided on the basis of the concession made by the counsel of the parties thus it may not be construed to be an expression that this Court has gone into the merit of the matter.
Order Date :- 17.7.2023
Rajesh
