Disposed

Vineeta Gupta v. State of U.P. Thru. Prin. Secy. Deptt. of Basic Education Lko. and 3 Others

Allahabad HC23 Jan 2024/189/2024

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What is this about?

The High Court disposed of a writ petition seeking interest on delayed gratuity payment due to the death of the petitioner's husband. The Court relied on the Janki Devi judgment and granted liberty to file a representation for adjudication.

What did the court decide?

Liberty granted to file fresh representation for gratuity claim adjudication; payment to be ensured within six weeks if entitled.

Vineeta Gupta Vs State of U.P. Thru. Prin… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6547

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Court No. - 17

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Case :- WRIT - A No. - 189 of 2024 Petitioner :- Vineeta Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Basic Education 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 and 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 2010 whereas gratuity was paid in the month of June, 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 2023 .

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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 :- 23.1.2024 Subodh/-

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

Vineeta Gupta v. State of U.P. Thru. Prin. Secy. Deptt. of Basic Education Lko. and 3 Others

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Vineeta Gupta v. State of U.P. Thru. Prin. Secy. Deptt. of Basic Education Lko. and 3 Others

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