Rajeshwari vs State of U.P. Thru. Secy. Deptt. of Basic Education Lko. and 3 Others

Neutral Citation No. - 2024:AHC-LKO:12812

Court No. - 17

Case :- WRIT - A No. - 1039 of 2024

Petitioner :- Rajeshwari Respondent :- State Of U.P. Thru. Secy. Deptt. Of Basic Education Lko. And 3 Others Counsel for Petitioner :- Amit Kumar Awasthi Counsel for Respondent :- C.S.C.,Uday Veer Singh

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Hon'ble Manish Mathur,J.

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Heard learned counsel for the petitioner, learned Standing counsel appearing for respondent nos.1 & 2 and Dr. Uday Veer Singh, learned counsel appearing for the respondent nos.3 & 4.

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The present petition has been filed by the petitioner claiming interest on delay in payment of the gratuity.

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Submission of learned counsel for petitioner is that petitioner died in the year 2016 whereas the gratuity was paid on 12.09.2022 as detailed in Para -10 of the writ petition.

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Considering the fact that on payment of gratuity, the statutory interest is prescribed under Section 7(3A) of the Payment of Gratuity Act, the present petition is disposed off directing respondents to ensure payment of interest at the rate of 7% per annum on the amount of delay in payment of gratuity.

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The amount of interest shall be paid from the date of death till the actual payment as indicated in Para -25 of the writ petition.

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The interest as directed to be awarded herein above, shall be paid to the petitioner positively within a period of four months from the date of production of a certified copy of this order.

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The writ petition is disposed of in above terms.

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Order Date :- 13.2.2024 prabhat

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

Rajeshwari v. State of U.P. Thru. Secy. Deptt. of Basic Education Lko. and 3 Others

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Rajeshwari v. State of U.P. Thru. Secy. Deptt. of Basic Education Lko. and 3 Others

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