Allahabad High Court
Keshwati Tiwari vs State Of U.P. And 2 Others on 2 January, 2025
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:513
Court No. - 10
Case :- WRIT - A No. - 20704 of 2024
Petitioner :- Keshwati Tiwari
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Ajay Kumar Mishra,Suresh Kumar Gupta
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Ajay Kumar Mishra, learned counsel for petitioner and learned Standing Counsel for State.
2. This is second round of litigation. The petitioner has approached this Court earlier by way of filing Writ A No. 2433 of 2021 claiming gratuity along with interest due to her deceased husband. Writ petition was disposed of vide order dated 22.02.2021 with a direction to consider the claim of petitioner in the light of judgment of this Court in Usha Rani vs. State of U.P. and others, Writ A No. 17399 of 2019 decided on 07.11.2019.
3. It appears that claim of petitioner was thereafter rejected vide order dated 28.06.2021 which was challenged by petitioner by way of filing a subsequent Writ A No. 16066/2021. The writ petition was allowed vide order dated 08.12.2021.
4. In aforesaid circumstances, when above referred two orders were not complied with and gratuity along with interest was not paid, petitioner filed a contempt petition wherein an order was passed on 09.05.2023 that why the charges may not be framed. Thereafter, District Inspector of Schools, Kaushambi passed an order dated 18.05.2023 that amount of gratuity of Rs. 10,00,000/- was paid to petitioner on 07.10.2022 and calculated the interest @ 8% i.e. Rs. 66,000/- from the date of order i.e. 08.12.2021 and till date of payment i.e. 07.10.2022.
5. The petitioner is now aggrieved that interest has to be paid from date of death of her husband i.e. since 16.02.2011 with higher rate i.e. petitioner is essentially aggrieved from component of interest and period thereof.
6. Learned Standing Counsel has supported the impugned order that interest has rightly been calculated and paid and there is no error in impugned order.
7. Admittedly, petitioner has raised claim for gratuity for the first time when she approached this Court by way of filing a writ petition in the year 2021 on basis of a judgment passed in Usha Rani (supra) and said writ petition was disposed of in terms thereof, therefore, she is not entitled for interest since death of her husband.
8. The Court also takes note that initially claim of petitioner was wrongly rejected, therefore, petitioner approached this Court again by way of filing a second writ petition which was allowed vide order dated 08.12.2021 and thereafter gratuity was paid and interest was paid from 08.12.2021 till date of actual payment.
9. Court is of considered opinion that first writ petition was disposed of in terms of Usha Rani (supra) vide order dated 22.02.2021 and since an erroneous decision was taken by State respondent, therefore, petitioner has to approach this Court by way of filing second writ petition which was allowed vide order dated 08.12.2021.
10. Claim of petitioner was essentially considered by this Court vide order dated 22.02.2021, therefore, petitioner is entitled for interest from 22.02.2021 and not from 08.12.2021 as decided by State respondent.
11. In view of above, this writ petition is disposed of with an observation that petitioner is entitled for interest to be paid @ 8% from 22.02.2021 and concerned State respondent is directed to re-calculate the interest and pay the same to petitioner within a short period after taking note that interest has already been paid earlier for certain period. So far as rate of interest is concerned, no interference is required.
Order Date :- 2.1.2025
Sinha_N.
