Kusum Vaish vs U.P. Jal Nigam (Urban) Thru. ...
2023 Latest Caselaw 26242 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:61812
 
Court No. - 8
 

 
Case :- WRIT - A No. - 7133 of 2023
 

 
Petitioner :- Kusum Vaish
 
Respondent :- U.P. Jal Nigam (Urban) Thru. Managing Director Lko. And 2 Others
 
Counsel for Petitioner :- Savita Jain
 
Counsel for Respondent :- Rishabh Kapoor
 

 
Hon'ble Pankaj Bhatia,J.

1. The present petition has been filed by the petitioner claiming that although the petitioner was entitled for payment of gratuity on 01.09.2018 including the other retiral benefits, however, the actual amount was paid on 23.12.2021, as such, for the said delayed period, the petitioner claims interest.

2. The Counsel for the respondent Sri Rishabh Kapoor relies upon a Government Order dated 31.10.2002 wherein there is a provision that in case of administrative exigency, the amount is paid with a delay, no interest could be payable.

3. The Counsel for the petitioner, in rejoinder, states that the payment of interest as claimed by the petitioner flows from the U.P. Retirement Benefit Rules as well as the fact that the interest is a normal accredition of capital whereas the Government Order is executive in nature and it cannot be restricted the rights of the petitioner. She shall further relies upon the judgment of this Court dated 18.05.2023 passed in Writ-A No.3675 of 2023, wherein the interest was awarded for delayed payment of gratuity and leave encashment and the said judgment was upheld in Special Appeal Defective No.618 of 2023 vide order dated 23.08.2023, thus, following the judgment dated 18.05.2023 as upheld in special appeal, the writ petition deserves to be allowed.

4. The writ petition is allowed and the order dated 14.12.2022, whereby the claim of the petitioner for interest on delayed payment has been denied, is set aside.

5. The respondents are directed to pay interest for the period 01.09.2018 till 23.12.2021 @ 7% per annum within a period of two months from today, failing which, the respondents are liable to pay interest @ 7% on the unpaid amount till actual payment/ realization.

Order Date :- 25.9.2023

Arun