Allahabad High Court
Golai Ram vs State Of U.P. Thru. Secy./ Prin. Secy. ... on 14 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:36919
Court No. - 20
Case :- WRIT - A No. - 3087 of 2024
Petitioner :- Golai Ram
Respondent :- State Of U.P. Thru. Secy./ Prin. Secy. Deptt. Of Agriculture Edu. And Research Lko. And 6 Others
Counsel for Petitioner :- Kripa Shankar Shukla
Counsel for Respondent :- C.S.C.,Prashant Kumar Singh
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner, Sri Rajiv Singh Chauhan, learned counsel for the State and Sri Prashant Kumar Singh, learned counsel for the respondent-University.
Instant writ petition has been filed seeking following reliefs:-
"(i) Issue a writ, order or direction in nature of Mandamus thereby commanding the opposite parties to immediately release the entire post retiral dues including Gratuity, Commutation amounts as well as Final pensionto the petitioner.
(ii) Issue a writ, order or direction in nature of Mandamus thereby commanding the opposite parties to fix and make payment of Gratuity and Pension regularly to the petitioner, in terms of last pay drawn by the petitioner.
(iii) Issue a writ, order or direction in nature of mandamus thereby commanding the opposite parties to make payment of interest at the rate of 12% to the petitioner on the withheld amounts of Gratuity from the date amounts became payable after superannuation, as per settled law laid down by Hon'ble Apex Court on delayed payment of the Gratuity amount of retired employee, in their catena of judgments and also as per provision provided, in U.P. Pension Rules regarding delayed payment of Gratuity amounts, after more than three mont from the date of retirement of the employee."
Contention of the learned counsel for the petitioner is that though the P.P.O. is issued but so far as the interest on the delayed payment is concerned, the same has not been paid yet. He added that the interest of justice would be sub-served if this Hon'ble Court may be pleased to direct the competent authority to consider claim of the petitioner for payment of interest due upon the delayed payment, to the petitioner within stipulated period of time, as may be fixed by this Court.
Learned counsel for the respondents, though has opposed the contention aforesaid, but they have no objection if this Hon'ble Court directs the competent authority to decide the claim of the petitioner so far as the interest on delayed payment is concerned.
Considering the submissions of the learned counsel for the parties, without entering into the merits of the case, the petitioner is given liberty to move fresh representation while raising his claim of interest on delayed payment within 15 days from today and if such representation is moved, the respondent no.2 is directed to consider and decide the same in accordance with law within further period of six weeks from the date a certified copy of this order is produced before it.
With the aforesaid observations, instant writ petition is hereby disposed of.
Order Date :- 14.5.2024
Ram Murti
