The High Court permitted the petitioner to make a fresh representation to the Director Higher Education regarding the release of gratuity and interest, directing appropriate action within specified timelines.
Allowed fresh representation; respondent directed to decide within two months.
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Court No. - 9
Case :- WRIT - A No. - 502 of 2023
Petitioner :- Rashmi Bhardwaj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents-State.
The petitioner has preferred the present writ petition with the following prayer:-
"Issue, a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to “sanction and release the gratuity of the petitioner to the petitioner alongwith admissible interest forthwith."
It is argued by learned counsel for the petitioner that though the petitioner is entitled for gratuity but the same has not been paid to the petitioner without any rime and reason. It is argued that in this regard, representation has been made by the petitioner before the respondent No.2/Director Higher Education, Allhabad on 16.06.2022 but till date no final decision has been taken in the matter.
On the other hand, it is argued by learned Standing Counsel that in case, the petitioner will file fresh representation along with relevant papers, the respondent No.2 will take appropriate decision in the matter expeditiously.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties, the writ petition is being disposed of permitting the petitioner to make a fresh representation ventilating all his grievances along with necessary papers and certified copy of this order before the respondent no.2 within a period of three weeks from today. If such a representation is made, the respondent no.2 is directed to pass appropriate order in accordance with law within a period of two months thereafter.
Order Date :- 11.1.2023 saqlain
Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioners representation for release of gratuity is maintainable.
Rashmi Bhardwaj
State Of U.P.
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
