Kaushal Kishore vs U.P. Avas Evam Vikas Parishad And 3 ...
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Allahabad High Court

Kaushal Kishore vs U.P. Avas Evam Vikas Parishad And 3 ... on 4 January, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:1137
 
Court No. - 33
 

 
Case :- WRIT - A No. - 17997 of 2023
 

 
Petitioner :- Kaushal Kishore
 
Respondent :- U.P. Avas Evam Vikas Parishad And 3 Others
 
Counsel for Petitioner :- Vijay Kumar Ojha
 
Counsel for Respondent :- Vineet Pandey
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard learned counsel for the petitioner and Sri Vineet Pandey, learned counsel for the respondents.

2. Present writ petition has been filed with the following relief:

"Issue an ad interim mandamus commanding the respondents to pay retiral dues namely amount of outstanding G.I.S., G.P.F., and entire amount of Gratuity along with interest accrued thereon to the petitioner within time frame fixed by this Hon'ble Court and further be pleased to direct them to issue the P.P.O. number to the petitioner for grant of regular pension, during the pendency of the writ petition."

3. Learned counsel for the petitioner submitted that during the pendency of this petition, all dues including have been paid to the petitioner. He has also informed that Court that amount of gratuity of Rs. 20 lakhs has also been paid to petitioner, but without interest. He next submitted that in the similar matter in Writ A No. 2874 of 2022 Deo Datt Bhardwaj Vs. U. P. Avas Evam Vikas Parishad And 3 Others, in compliance of order of this Court judgment and dated 25.04.2022, interest accrued on the amount of gratuity has also been paid to the petitioner in that case. He next submitted that in light of judgment and order dated 25.04.2022 passed in the matter of Deo Datt Bhardwaj (Supra), petitioner is also entitled for the interest on the amount of gratuity. He next submitted that direction may be issued to respondents to pay the interest also.

4. I have perused judgment and order dated 25.04.2022 passed in Deo Datt Bhardwaj (Supra). Relevant paragraph of the said judgement and order is quoted hereinbelow:

"In view of the above, this petition stands disposed of with a direction to the concerned competent respondent to clear the entire outstanding dues of the gratuity of the petitioner within next 30 days time and also convert the provisional pension into regular pension. It also transpires from the record that the amount of gratuity has remained withheld for a period of two years for no justifiable reason as the respondents had not decided to release the said amount within time, petitioner's claim for interest, as admissible in law, may also be considered by the respondents and after due calculation be released in favour of the petitioner within a further period of six weeks."

5. Under such facts and circumstances of the case, writ petition is disposed of with direction to respondent No. 3 to pay the interest accrued on the amount of gratuity from the due date to the date of actual payment as it was paid in the matter of Deo Datt Bhardwaj (Supra), maximum within a period of two months from the date of production of certified copy of this order.

Order Date :- 4.1.2024

ADY