Disposed

Rama Kant Yadav and 2 Others v. State of U.P. Thru. Prin. Secy. Dairy Deptt. U.P. Lko. and Another

Allahabad HC26 Feb 2024/1425/2024

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What is this about?

In a writ petition seeking interest on delayed gratuity, the court granted liberty to the petitioners to file fresh representation before the Managing Director of the UP Co-operative Dairy Federation Limited to decide entitlement based on factual aspects within six weeks.

What did the court decide?

Liberty granted to file fresh representation before the Managing Director within six weeks for consideration of entitlement to interest on delayed gratuity.

Rama Kant Yadav and 2 Others Vs State of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:16903

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Court No. - 17

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Case :- WRIT - A No. - 1425 of 2024

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Petitioner :- Rama Kant Yadav And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Deptt. U.P. Lko. And Another

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Counsel for Petitioner :- Dhirendra Kumar Mishra Counsel for Respondent :- C.S.C.,Shanker Lal

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioners, learned State Counsel for opposite party no. 1 and Mr. Lalilt Shukla, learned counsel for opposite party no.2 whose power filed today in Court is taken on record.

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Petition has been filed seeking a direction to opposite parties to make payment of interest on delayed payment of gratuity at the rate of 7% per annum within stipulated time period.

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It has been submitted that petitioners were retired/ taken VRS from the post of Field Supervisor In PCDF on 31.01.2016 whereas gratuity was paid in the year 2016 and the rest of amount of the gratuity has not been paid. It is further submitted that petitioners are entitled to interest under Section 7 (3A) of the Payment of Gratuity Act, 1972.

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He has also placed reliance on judgment rendered by this Court in the case of Janki Devi v. State of U.P. and others , Writ-A No. 7932 of 2023.

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Since consideration of petitioners' grievance would entail factual aspects, liberty is granted to petitioners to file fresh individual representation before opposite party no.2 i.e. Managing Director, U.P. Co-operative Dairy Federation Limited, Lucknow who shall consider and decide the same within a period of six weeks' from the date a certified copy of

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this order is produced before the said authority in the light of directions issued by this Court in Janki Devi (supra) in case the same is applicable upon petitioners. In case petitioners are found entitled for the said benefits, payment thereof shall be ensured within a period of six weeks thereafter.

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With aforesaid observations and directions, the petition is finally disposed of .

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Order Date :- 26.2.2024 Subodh/-

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Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rama Kant Yadav and 2 Others v. State of U.P. Thru. Prin. Secy. Dairy Deptt. U.P. Lko. and Another

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Rama Kant Yadav and 2 Others v. State of U.P. Thru. Prin. Secy. Dairy Deptt. U.P. Lko. and Another

Case brief

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