Disposed

Kailasho Devi v. State of U.P. and 3 Others

Allahabad HC22 Aug 2023WRIA/13787/2023

Case brief

AI extract

What is this about?

This habeas corpus case concerns entitlement to interest on delayed death-cum-retirement gratuity. The Court directed the respondent to decide the grievance within one month following equity, relying on a precedent allowing 8% annual interest for similar delays.

What did the court decide?

Liberty granted to file representation; direction to decide representation within one month; petition disposed.

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

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Neutral Citation No. - 2023:AHC:169207

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Court No. - 36

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Case :- WRIT - A No. - 13787 of 2023

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Petitioner :- Kailasho Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Kumar Mishra Counsel for Respondent :- C.S.C,Akanksha Sharma

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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 Respondent No.1 as well as Ms. Akanksha Sharma, learned counsel appearing for Respondents No.2, 3 and 4.

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Facts of the case in brief are that husband of the petitioner while working on the post of Assistant Teacher in the Junior High School Sarkara Khas, Block-Mudha Pandey, District Moradabad died on 01.12.2000.

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Since age of husband 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 husband 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 27.05.2023 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 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 :- 22.8.2023 Gaurav

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Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad

Kailasho Devi v. State of U.P. and 3 Others

Case brief

What is this about?

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Kailasho Devi v. State of U.P. and 3 Others

Case brief

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