Smt. Durga Devi @ Rama Devi Shukla vs State Of U.P. Thru. Secy. Deptt. Basic ...
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Allahabad High Court

Smt. Durga Devi @ Rama Devi Shukla vs State Of U.P. Thru. Secy. Deptt. Basic ... on 30 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:41050
 
Court No. - 20
 

 
Case :- WRIT - A No. - 4332 of 2024
 

 
Petitioner :- Smt. Durga Devi @ Rama Devi Shukla
 
Respondent :- State Of U.P. Thru. Secy. Deptt. Basic Education Lko. And 3 Others
 
Counsel for Petitioner :- Ramesh Chandra
 
Counsel for Respondent :- C.S.C.,Rishabh Tripathi
 

 
Hon'ble Shree Prakash Singh,J.
 

1. Heard learned counsel for petitioner, learned State Counsel for opposite party nos. 1 & 2 and Mr. Rishabh Tripathi, learned counsel for opposite party nos. 3 & 4.

2. Instant 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 husband passed away in the year 2018 whereas gratuity was paid in the month of August, 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 her to file a fresh representation before opposite party no. 3 i.e. District Basic Education Officer District Sitapur, 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 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 :- 30.5.2024/AKS