Chhote Lal Yadav vs State Of U.P. Thru. Prin. Secy. Deptt. Of ...
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Allahabad High Court

Chhote Lal Yadav vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 1 February, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:9659
 
Court No. - 17
 

 
Case :- WRIT - A No. - 700 of 2024
 

 
Petitioner :- Chhote Lal Yadav
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Basic Edu. U.P. Lko. And 3 Others
 
Counsel for Petitioner :- Amit Kumar Keshari
 
Counsel for Respondent :- C.S.C.,Prashant Kumar Singh
 

 
Hon'ble Manish Mathur,J.
 

1. Heard learned counsel for petitioner, learned State Counsel for opposite party nos. 1 and 2 and Mr.Prashant Kumar Singh, learned counsel for opposite party nos. 3 and 4.

2. Petition has been filed seeking a direction to opposite parties to make payment of interest on delayed payment of gratuity within stipulated time period.

3. It has been submitted that petitioner's wife passed away in the year 2009 whereas gratuity was paid in the month of June, 2023. It is further submitted that petitioner is entitled to interest under Section 7 (3A) of the Payment of Gratuity Act, 1972.

4. He has also placed reliance on judgment rendered by this Court in the case of Janki Devi versus State of U.P. and others, Writ-A No. 7932 of 2023.

5. Since consideration of petitioner's grievance would entail factual aspects, liberty is granted to him to file a fresh representation before opposite party no. 3 i.e. District Basic Education Officer District Ambedkar Nagag who shall consider and decide the same within a period of six weeks' from the date a certified copy of this order is produced before the said authority in the light of directions issued by this Court in the case of Janki Devi (supra) in case the same is applicable upon petitioner. In case petitioner is found entitled for the said benefits, payment thereof shall be ensured within a period of six weeks thereafter.

6. With aforesaid observations and directions, the petition is finally disposed of.

Order Date :- 1.2.2024

Satish