Disposed¶6

Kailashpatti v. State of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko. and 3 Others

Allahabad HC28 Feb 2024/1543/2024

Case brief

AI extract

What is this about?

Interest on delayed payment of gratuity; Section 7(3A) Payment of Gratuity Act 1972; employee died 2011, gratuity paid May 2023; widow petitioner; District Basic Education Officer, District Ambedkar Nagar; fresh representation direction; Janki Devi, Writ-A No. 7932 of 2023, relied on; writ disposed of without adjudicating entitlement; six-week timelines; Allahabad High Court, Lucknow Bench; Manish Mathur, J.; decided 28.2.2024; neutral citation 2024:AHC-LKO:17978.

What did the court decide?

Liberty to file a fresh representation before opposite party no. 3 (District Basic Education Officer, District Ambedkar Nagar); the representation to be considered and decided within six weeks in light of the Janki Devi directions, if applicable; payment, if entitlement is found, within a further six weeks. ¶6

Kailashpatti Vs State of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko. and 3 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:17978

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Court No. - 17

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Case :- WRIT - A No. - 1543 of 2024

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Petitioner :- Kailashpatti Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko. And 3 Others Counsel for Petitioner :- Amit Kumar Keshari Counsel for Respondent :- C.S.C.,Prashant Kumar Singh

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel for opposite party nos. 1 & 2 and Mr. Prashant Kumar Singh, learned counsel for opposite party nos. 3 and 4.

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Petition has been filed seeking a direction to opposite parties to make payment of interest on delayed payment of gratuity within stipulated time period.

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It has been submitted that petitioner's husband passed away in the year 2011 whereas gratuity was paid in the month of May, 2023. It is further submitted that petitioner is 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 versus State of U.P. and others, Writ-A No. 7932 of 202 3.

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Since consideration of petitioner's grievance would entail factual aspects, liberty is granted to her to file a fresh representation before opposite party no.3 i.e. District Basic Education Officer District Ambedkar Nagar who shall consider and decide the same within a period of six weeks' from the date a certified copy of this order is produced before the said authority in the light of directions issued by this Court in the case of Janki Devi (supra) in case the same is applicable upon petitioner. In case petitioner is 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 : - 28.2.2024 Subodh/-

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

Kailashpatti v. State of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko. and 3 Others

Case brief

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Kailashpatti v. State of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko. and 3 Others

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