Dismissed

Sunil Kumar v. State of U.P. and 3 Others

Allahabad HC23 Aug 2023WRIA/13425/2023

Case brief

AI extract

What is this about?

Petitioner seeks interest on delayed death-cum-retirement gratuity. Court grants liberty to file representation to Respondent No. 3 within ten days to decide the claim based on a previous judgment awarding 8% interest for such delays, before disposing of the petition.

What did the court decide?

Liberty granted to file representation before Respondent No. 3 within 10 days for interest claim to be decided within 1 month.

Sunil Kumar Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:170333

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Court No. - 36

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Case :- WRIT - A No. - 13425 of 2023

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Petitioner :- Sunil Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Durga Shanker Mishra Counsel for Respondent :- C.S.C.,Ashutosh Mishra

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Hon'ble Manjive Shukla,J.

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Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the Respondents No.1 & 2 as well as Mr. Ashutosh Mishra, learned counsel appearing for Respondents No.3 & 4.

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Facts of the case in brief are that father of the petitioner while working on the post of Assistant Teacher in Primary School Basatikari, Block Pilana, District Baghpat died on 28.7.2008.

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Since age of father of the petitioner on the date of death was less than 60 years, as such, petitioner became entitled for payment of death-cum-retirement gratuity payable to father of the petitioner.

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Learned counsel for the petitioner has submitted that death-cumretirement gratuity has been paid to the petitioner on 28.7.2023 but there is delay in payment of said amount and, therefore, petitioner is entitled for the interest on the delayed payment at suitable rate.

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Learned counsel for the petitioner has also invited attention of this Court towards bunch of identical Writ Petitions which have already been decided by this Court vide judgement and order dated 24.04.2023 passed in leading Writ A No. 5552 of 2023 wherein it has been held that if there is delay in payment of death-cumretirement gratuity then the interest is liable to be paid by the respondents at the rate of 8% per annum.

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Learned counsel for the petitioner has vehemently argued that petitioner's case is squarely covered by judgement and order dated 24.04.2023.

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In view of the aforesaid submissions made by learned counsel

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for the petitioner, liberty is given to petitioner to file representation before Respondent No. 3 within a period of ten days from today and if the said representation is filed then the same shall be decided by Respondent No. 3 within a period of one month thereafter strictly in accordance with law laid down by this Court vide its judgement and order dated 24.04.2023 passed in Writ-A No. 5552 of 2023.

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With the aforesaid direction, this Writ Petition is disposed of.

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Order Date :- 23.8.2023 Salim

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Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad

Sunil Kumar v. State of U.P. and 3 Others

Case brief

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Sunil Kumar v. State of U.P. and 3 Others

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