Disposed

Neelam Srivastava v. State of U.P. Thru. Prin. Secy. Basic Education, Lucknow and 5 Others

Allahabad HC22 Jan 2024/397/2024

Case brief

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What is this about?

A writ petition seeking direction for payment of gratuity and interest was disposed of. The court granted liberty to file a fresh representation with a six-week deadline for issuance of a fresh decision and subsequent payment.

What did the court decide?

Liberty granted to file fresh representation; authority to decide within six weeks and ensure payment if entitled.

Neelam Srivastava Vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6072

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Court No. - 17

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Case :- WRIT - A No. - 397 of 2024

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Petitioner :- Neelam Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education, Lucknow And 5 Others Counsel for Petitioner :- Ramesh Kumar Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties 1 to 3. Notice on behalf of opposite parties 4 to 6 has been accepted by Mr. Pradeep Tiwari Advocate.

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Petition has been filed seeking a direction to the competent authority for payment of gratuity along with interest.

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It is submitted that earlier petitioner while working on the post of Head Master submitted her application for voluntary retirement which was accepted vide order dated 8th July, 2021 whereafter recommendation was made on 17th December, 2022 for payment of gratuity to her which was reiterated vide letter dated 10th May, 2023 by the Finance and Accounts Officer. It is submitted that however despite such recommendations gratuity has not yet been paid to petitioner.

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For the aforesaid relief, the petitioner has already submitted a representation dated 13th July, 2022 but seeks liberty to file a fresh representation before the authority concerned.

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Considering innocuous prayer being made by learned counsel for the petitioner and without entering into the merits of the case petitioner is granted liberty to file a fresh representation before the competent authority. In case such a representation is filed, the same shall be decided within period of six weeks from the date a copy of this order is produced before the said authority. In case petitioner is found entitled for the said grievance, actual payment of gratuity shall be ensured within a period of six weeks thereafter. The opposite party shall also take a decision with regard to payment of interest to petitioner.

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With the aforesaid directions, the writ petition stands disposed of.

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Order Date :- 22.1.2024 prabhat

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

Neelam Srivastava v. State of U.P. Thru. Prin. Secy. Basic Education, Lucknow and 5 Others

Case brief

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Neelam Srivastava v. State of U.P. Thru. Prin. Secy. Basic Education, Lucknow and 5 Others

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