Allahabad High Court
Vinod Kumar vs State Of U.P. Thru. Addl. Chief Secy. ... on 1 March, 2024
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:18875
Court No. - 18
Case :- WRIT - A No. - 1604 of 2024
Petitioner :- Vinod Kumar
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Forest Deptt. Lko. And 3 Others
Counsel for Petitioner :- Alok Singh
Counsel for Respondent :- C.S.C.,Rishabh Tripathi
Hon'ble Manish Kumar,J.
Sri Aditya Mohan, Advocate has filed his vakalatnama on behalf of respondent nos. 2 to 4, which is taken on record.
Heard.
Present petition has been filed with the following main prayers:-
" i) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the 18% interest on the amount of gratuity for the delayed period from the date of retirement up to the date of payment is made on 11.08.2020."
Learned counsel for the petitioner has submitted that the identical controversy has already been decided by this Court vide its judgment and order dated 31.05.2023 passed in Writ A No. 4270 of 2023 (Rama Shankar Giri Vs. State of U.P. and others). For convenience, the said judgment is quoted herein below:-
"Present petition has been filed with the following prayers:
"i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the 18% interest on the amount of leave encashment for the delayed period from the date of retirement 30.06.2020 up to the date of payment is made on 20.09.2021 and 14.10.2022.
ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the 18% interest on the amount of gratuity for the delayed period from the date of retirement 30.06.2020 up to the date of payment is made.
....."
Considering the fact that the amounts have been paid after a considerable delay, the present petition is disposed off directing respondents to pay interest on the amount of leave encashment from the date of retirement i.e. 30.06.2020 to 20.09.2021 and 14.10.2022 and on gratuity from the date of retirement till actual payment/realisation."
It is further submitted that the said judgment and order dated 31.05.2023 has been assailed by the U.P. Forest Corporation by filing Special Appeal (Defective) No. 784 of 2023, wherein this Court clarified that employee shall further be compensated with the payment of interest as per the provisions of the Payment of Gratuity Act i.e. simple interest for the period in dispute. The said judgment passed in Special Appeal is being reproduced hereinbelow:-
"1.This intra- court appeal filed under Chapter VIII Rule V of Allahabad High Court Rules, 1952 is delayed by 40 days.
2.An application for condonation of delay supported with an affidavit has been filed alongwith the appeal.
3.Reasons have been spelt out in the affidavit filed in support of delay condonation application to which there is no objection.
4. In absence of any objection and the cause shown being sufficient, the delay in filing the present intra court appeal is condoned and the application is allowed.
Order on Memo of Appeal
5. Heard learned counsel for the appellants and learned Standing Counsel for the respondent.
6. Having heard on the rate of interest, it is not in dispute that the Payment of Gratuity Act,1972 under Section 7 sub section (3) provides for the payment of amount due alongwith simple interest in the event of delay.
7. We accordingly clarify that apart from the payment of gratuity and leave encashment which has already been released, the respondent-employee shall further be compensated with the payment of interest as per the provisions of the Payment of Gratuity Act i.e. simple interest for the period in dispute."
Learned counsel for the respondents is unable to distinguish the judgment relied by learned counsel for the petitioner as quoted hereinabove.
Considering the aforesaid, the present petition is disposed of directing the respondents to pay interest on the amount of gratuity from the date of retirement i.e. 30.09.2019 to 11.08.2020 as per the provisions of Payment of Gratuity Act, 1972.
Order Date :- 1.3.2024
Ashish
