This writ petition sought mandamus for the payment of 9% interest on delayed General Provident Fund. The court disposed of the petition without adjudicating merits, permitting the petitioner to file a fresh representation with documents.
Permission to make a fresh representation before the competent authority within three weeks.
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Court No. - 9
Case :- WRIT - A No. - 763 of 2023
Petitioner :- Rajendra Pratap Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sandeep Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner has preferred the present petition with the following prayer:-
"Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 3 and 4 to pay the interest at the rate of 9% upon the total G.P.F. within stipulated time of the petitioner."
It is argued by learned counsel for the petitioner that the petitioner has been superannuated on 31.03.2021 thereafter the G.P.F. was due on 01.04.2021 but the amount of G.P.F. has been paid to the petitioner after lapse of a year, i.e., 18.04.2022. It is argued that due to late payment, the petitioner suffered monetary benefits, therefore, the petitioner is entitled interest due to late payment. It is argued that in this regard, the petitioner made representation before various authorities on 19.10.2022 but till date no final decision has been taken on the same.
On the other hand, learned Standing Counsel argued that in case, the petitioner will file fresh representation before the competent authority, the competent authority will pass appropriate order expeditiously.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties and without entering into the merits of the case, the writ petition is disposed of permitting the petitioner to make a fresh representation ventilating all his grievances along with necessary papers and documents and certified copy of this order before the competent authority within a period of three weeks from today. If such a representation is filed, the competent authority will pass appropriate orders on the same expeditiously and preferably within a period of three months thereafter, strictly in accordance with law.
Order Date :- 17.1.2023/saqlain
Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner is entitled to interest on delayed General Provident Fund payment.
Whether to issue a writ compelling the respondent to pay interest with immediate effect.
Rajendra Pratap Singh
State Of U.P.
4 Others
Prakash Padia
Syed Mohammad Saqlain Haider
As recorded by the court registry
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