Disposed

Mohammad Sahid v. State of U.P. and 4 Others

Allahabad HC16 Dec 2022WRIA/21070/2022

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What is this about?

The Single Judge disposed of a writ petition seeking gratuity payment from a government employer, directing the Departmental Industry Officer to examine the petitioner's objection to a report within two weeks and decide expeditiously, with payment interest if delayed.

What did the court decide?

Direction to respondent officer to examine petitioner's objection to a report and decide the gratuity claim expeditiously within one month; failure to pay admitted dues attracts 8% interest.

Mohammad Sahid Vs State of U.P. and 4 Others — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 36

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Case :- WRIT - A No. - 21070 of 2022

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Petitioner :- Mohammad Sahid Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Irfan Ahmad Malik Counsel for Respondent :- C.S.C.

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Hon'ble Saumitra Dayal Singh,J.

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Petitioner's mother (since deceased) Smt. Amina Begum was appointed as Class IV employee on 15.10.1998. She died in harness on 24.01.2004 at the age of 44 years. The petitioner who is the son of the said deceased employee claims entitlement to payment of gratuity. In that regard, petitioner further claims to have made a representation to respondent no.4 on 05.11.2022. The petitioner relies on a recent decision of the learned Single Judge of this Court in Writ - A No. 8605 of 2022 and other connected matters, decided on 04.08.2022.

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On the other hand, learned Standing Counsel would submit, that matter is still engaging the attention of the DIOS, Shamli.

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In view of the above, no useful purpose would be served in keeping the present petition pending or calling for a counter affidavit, at this stage.

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Accordingly, the present writ petition is disposed of with direction, in case the petitioner files his objection to the report of the Principal of the institution dated 05.11.2022 (Annexure No. 1 to the writ petition) within a period of two weeks from today alongwith a copy of this order, supported by his personal affidavit and annexing thereto such documents as the petitioner may seek to rely, the DIOS, Shamli shall take informed decision with respect to the claim made by the petitioner and pass appropriate reasoned order, as expeditiously as possible, preferably within a period of one month from the date of compliance shown by the petitioner.

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Any amount found admittedly payable, be paid out to the petitioner within a further period of one month therefrom, failing which, the same shall attract interest liability @ 8% from the date of compliance shown by the petitioner till the date of actual payment.

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Order Date :- 16.12.2022 Abhilash

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Digitally signed by ABHILASH SINGH Date: 2022.12.19 11:13:34 IST Reason: Location: High Court of Judicature at Allahabad

Mohammad Sahid v. State of U.P. and 4 Others

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Mohammad Sahid v. State of U.P. and 4 Others

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