Allahabad High Court
Rajendra Singh vs State Of U.P. Thru. Prin. Secy. ... on 9 October, 2023
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:65098
Court No. - 20
Case :- WRIT - A No. - 7445 of 2022
Petitioner :- Rajendra Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Dept. Agri. Lko. And 2 Others
Counsel for Petitioner :- Km. Neelam Singh
Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties no.1, 2 and 3.
2. In view of order being proposed to be passed, notices to opposite party no.4 stand dispensed with.
3. Petition has been filed seeking a direction to opposite parties for payment of gratuity, leave encashment and insurance alongwith interest.
4. It has been submitted that earlier petitioner was working in the Agra Mandal Vikas Nigam Limited which was a State Government undertaking and was closed due to which petitioner was retrenched with certificate of retrenchment dated 19.07.2000 issued to him. It is submitted that subsequently petitioner was absorbed in the Department of Agriculture on 25.01.2007 on the post of Accountant from where he superannuated on 31.01.2015.
5. Learned counsel for petitioner has drawn attention to letter dated 05.03.2010 issued by the State Government to the Additional Commissioner/ Managing Director, Agra Mandal Vikas Nigam Limited indicating that petitioner is entitled for the aforesaid benefits for which payment is required to be made to him.
6. It is submitted that despite the aforesaid directions, petitioner was not provided any such benefit. Learned counsel has also drawn attention to the fact that the said averments as made in the writ petition have not been denied in the counter affidavit, which only states that petitioner had earlier filed Writ Petition No.7922 (SS) of 2017 for counting his previous services rendered in the aforesaid corporation which was allowed vide judgment and order dated 10.07.2019 and against which Special Appeal No.589 of 2019 is still pending consideration but it is submitted that the aforesaid issue is completely distinct from the grievance raised by petitioner in the present petition.
7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, it is evident in the counter affidavit that submissions as advanced by learned counsel for petitioner and indicated in the Writ Petition have not been denied. The entire counter affidavit is only with regard to pendency of Special Appeal pertaining to counting of petitioner's previous services in the Corporation as qualifying service for grant of pension.
8. In the present case however the grievance raised by petitioner is with regard to payment of gratuity, leave encashment and insurance. The order dated 05.03.2010 issued by the State Government clearly indicates eligibility of petitioner for the aforesaid benefits. The said letter has also issued a direction that payment of the said benefits should be made by the Joint Director of Agriculture, Agra Division Agra. The said letter has not been denied in the counter affidavit.
9. In view of aforesaid, a writ in the nature of Mandamus is issued commanding the opposite party no.3 i.e. Joint Director of Agriculture, Agra Region Agra to make payment of arrears of gratuity, leave encashment and insurance to petitioner within a period of two months from the date a certified copy of this order is produced before concerned authority.
10. In view of the fact that directions for payment of same was made by the State Government as far back as 05.03.2010, it is directed that petitioner shall also be entitled to interest @ 6% per annum on the outstanding amount with effect from 31.01.2015 till the date of actual payment.
11. Resultantly, the petition succeeds and is allowed. Parties to bear their own costs.
Order Date :- 9.10.2023
Subodh/-
