Devendra Kumar Sharma Vs Union of India Thru. Secy. Deptt. Telecommunications Ministry Communications New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

Devendra Kumar Sharma Vs Union of India Thru. Secy. Deptt. Telecommunications Ministry Communications New Delhi and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to move a fresh representation before opposite party no. 3 (AGM/Unit Head (R.B.), ITI Limited, Raebareli) within two weeks claiming interest on gratuity for 31.10.2022 to 08.04.2023; opposite party no. 3 directed to consider and decide such representation within a further four weeks. Petition disposed of without entering into merits; no monetary relief adjudicated; cost not awarded despite prayer (relief iii).

Issue for consideration

Whether the petitioner is entitled to interest at 10% per annum on his gratuity for the period 31.10.2022 to 08.04.2023, payable by respondent no. 3 (ITI Limited, Rae Bareli).

Court's answer

Without entering into the merits of the case, the Court granted the petitioner liberty to move a fresh representation claiming interest on the gratuity for the period 31.10.2022 to 08.04.2023.

Ratio / Principle

The fresh representation is to be moved within two weeks before opposite party no. 3, i.e. Additional General Manager/Unit Head (R.B.), ITI Limited, Doorbhash Nagar, Raebareli.

Key takeaways

If such representation is moved, opposite party no. 3 is directed to consider and decide it within a further period of four weeks.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Shree Prakash Singh, J.) — WRIT - A No. 2933 of 2024, decided 15.4.2024 (Neutral Citation 2024:AHC-LKO:29713). Devendra Kumar Sharma v. Union of India & 2 Others: The petitioner sought a mandamus commanding opposite party no. 3 (Additional General Manager/Unit Head (R.B.), ITI Limited, Doorbhash Nagar, Rae Bareli) to pay interest at 10% per annum on gratuity for the period 31.10.2022 to 08.04.2023. At hearing, petitioner's counsel did not press the reliefs and sought liberty to file a fresh representation; counsel for the opposite parties raised no objection. Without entering into the merits, the Court granted liberty to move a fresh representation within two weeks before opposite party no. 3 and directed that authority to consider and decide it within a further four weeks. The writ petition was disposed of accordingly. No finding was recorded on entitlement to interest for delayed payment of gratuity; the cost prayer was not allowed.

Neutral Citation No. - 2024:AHC-LKO:29713

Court No. - 20

Case :- WRIT - A No. - 2933 of 2024

Petitioner :- Devendra Kumar Sharma Respondent :- Union Of India Thru. Secy. Deptt. Telecommunications Ministry Communications New Delhi And 2 Others Counsel for Petitioner :- Raj Mani Dubey Counsel for Respondent :- A.S.G.I.,Satya Prakash Tiwari

Hon'ble Shree Prakash Singh,J.

Heard Sri Avinash Singh,Advocate, holding brief of Sri Raj Mani Dubey, learned counsel for the petitioner, Sri Shyam Srivastava, Advocate, holding brief of Sri Satya Prakash Tiwari, learned counsel appearing for the opposite parties no. 2 & 3 and Sri Anand Dwivedi, learned counsel appearing for the Union of India.

The instant writ petition has been filed seeking the following reliefs :-

i. issue a writ, order or direction in the nature of mandamus commanding to the Opposite Party no. 3 i.e. Additional General Manager/Unit Head (R.B.) Indian Telephone Industries Doorbhash Nagar, Rae Bareli to ensure of payment of interest to the petitioner by the Respondent No. 3 at the rate of 10% per annum on the gratuity for the period of 31.10.2022 till 08.04.2023.

ii. issue any suitable writ, order or direction which this Hon'ble Court deems to fit and proper in the circumstances of the case.

iii. award the writ petition with cost.

After arguing at some length, learned counsel appearing for the petitioner submits that interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioner to move a fresh representation while claiming the interest over the amount of gratuity for the period 31-10-2022 till 08-04-2023.

The counsels appearing for the opposite parties have no objection to the contention aforesaid.

In view of above and without entering into the merits of the case, liberty is given to the petitioner

to move a fresh representation within a period of two weeks from today before the opposite party no. 3 i.e. Additional General Manager/Unit Head(R.B.), ITI Limited Doorbhash Nagar,Raebareli and if such representation is moved, the opposite party no. 3 is hereby directed to consider and decide the same within further period of four weeks.

With the aforesaid observations, the instant writ petition is disposed of.

Order Date :- 15.4.2024 AKS

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench