Kailasha Devi Vs State of U.P. Thru. Prin. Secy. Deptt. Fisheries Lko. and 2 Others — Allahabad HC (2024) — LawSathi Research

Kailasha Devi Vs State of U.P. Thru. Prin. Secy. Deptt. Fisheries Lko. and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 2 to pay the gratuity due to the petitioner within 3 months of receipt of a certified copy of the order, provided there is no legal impediment; respondent no. 2 also to consider admissibility of interest on the delayed payment in accordance with law.

Issue for consideration

Whether the petitioner, the widow of an employee of the fisheries department (Matasya Palak Vikas Abhikaran, Raebareli) who died in harness on 12.01.2017, is entitled to payment of gratuity. +1 more

Court's answer

Since the employees have been found entitled to gratuity as per government order dated 27.02.2024, the petitioner, as the widow of an employee of the said department, is also entitled to be paid the gratuity.

Ratio / Principle

Respondent no. 2 is directed to ensure that the gratuity due to the petitioner is paid within a period of 3 months from receipt of a certified copy of the order, provided there is no legal impediment.

Key takeaways

The admissibility of interest on the delayed payment of gratuity is left to be considered by respondent no. 2 in accordance with law.ratio¶¶16

Detailed headnote1 paragraphs

WRIT - A (mandamus) — Gratuity — Petitioner, widow of an employee of the fisheries department (Matasya Palak Vikas Abhikaran, Raebareli) who died in harness on 12.01.2017, sought gratuity relying on the judgment of the Court in Special Appeal No. 456 of 2015 and State Government notification dated 06.09.1997. On instructions of respondent no. 3 dated 11.11.2024, the State's Additional Chief Standing Counsel stated that the employees had been found entitled to gratuity under government order dated 27.02.2024 and budget was being sought from respondent no. 2. Held: since the employees have been found entitled to gratuity as per government order dated 27.02.2024, the petitioner as widow of an employee of the department is also entitled to gratuity. Writ petition disposed of with direction to respondent no. 2 to pay the gratuity due to the petitioner within 3 months of receipt of a certified copy of the order, provided there is no legal impediment; admissibility of interest on the delayed payment to be considered by respondent no. 2 in accordance with law. (Abdul Moin, J.; order dated 14.11.2024)

Neutral Citation No. - 2024:AHC-LKO:75386

Court No. - 5

Case :- WRIT - A No. - 10218 of 2024 Petitioner :- Kailasha Devi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Fisheries Lko. And 2 Others

Counsel for Petitioner :- Banwari Lal Maurya Counsel for Respondent :- C.S.C.

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner and Shri Sanjiv Singh, learned Additional Chief Standing Counsel for the Staterespondents.

With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided.

The instant writ petition has been filed praying for a writ of mandamus commanding the respondents to provide gratuity to the petitioner in view of the judgement of this Court passed in Special Appeal No. 456 of 2015 as well as notification issued by the State Government dated 06.09.1997.

The contention of learned counsel for the petitioner is that despite the petitioner's husband having died on 12.01.2017 while working in the fisheries department neither gratuity was paid to him nor to the petitioner - the widow.

This Court had required learned Standing Counsel to seek instructions in the matter.

Today Shri Sanjiv Singh, learned Additional Chief Standing Counsel, informs on the basis of instructions sent by the respondent no. 3 dated 11.11.2024 that the employees of the Matasya Palak Vikas Abhikaran, Raebareli have been found entitled for being paid gratuity in pursuance to the government order dated 27.02.2024 and that an endeavor is now being made to get budget from the respondent no.2 so that gratuity can be

paid to the employees and in turn to the petitioner.

The aforesaid statement is recorded.

As the employees have been found entitled for being paid gratuity as per government order dated 27.02.2024 as such it is apparent that even the petitioner in the capacity of being the widow of an employee of the said department would be entitled to be paid the gratuity.

Accordingly, the writ petition is disposed of with a direction to the respondent no. 2 to ensure that the gratuity as due to the petitioner is paid within a period of 3 months from the date of receipt of a certified copy of this order provided there is no legal impediment.

The admissibility of interest on the delayed payment of gratuity would also be considered by the respondent no. 2 in accordance with law.

Order Date :- 14.11.2024 J. K. Dinkar

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench