Disposed

Smt Ram Dulari Devi v. State of Up and 3 Others

Allahabad HC29 Jul 2024WRIA/11095/2024

Case brief

AI extract

What is this about?

Petitioner sought interest on delayed gratuity for deceased husband. Court observed prior similar orders. Petitioner directed to move fresh representation to District Basic Education Officer with documents within three weeks for expeditious disposal.

What did the court decide?

Directive to move fresh representation before District Basic Education Officer.

Smt Ram Dulari Devi vs State of Up and 3… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:120814

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Court No. - 7

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Case :- WRIT - A No. - 11095 of 2024

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Petitioner :- Smt Ram Dulari Devi Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Pushkar Kushwaha Counsel for Respondent :- C.S.C.,Sunil Kumar Dubey

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 & 2 and Sri Sunil Kumar Dubey, learned counsel for respondent Nos.3 & 4.

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The petitioner has preferred the present petition with the prayer to direct the respondents to pay the interest on the Gratuity amount.

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It is argued by learned counsel for the petitioner that the husband of the petitioner namely Late Ram Nihor Singh had been died on 18.01.2016 while working as Head Master in Primary School, District Mirzapur. Thereafter all the benefits of service, i.e., pension L.I.C., P.F. Salary and Gratuity had been paid to the petitioner but the interest on delayed payment on gratuity had not been paid. Hence the present petition.

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It is argued that though vide order dated 26.04.2023, the gratuity had been paid to the petitoner but the interest on delayed payment of gratuity had not been paid. Learned counsel for the petitioner relied upon a judgement and order passed by this Court in the case of Usha Rani Vs. State of U.P. and others (Writ A No.17399 of

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2019) in which a direction has been given by this Court to pay the interest on delayed payment of gratuity. It is argued that in identical situation, an order had been passed to pay interest on delayed payment of gratuity in favour of one Aditya Narain, copy

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of the aforesaid order/letter dated 20.03.2023 is appended as annexure No.4 to the writ petition. It is argued that in this regard representations have been moved by the petitioner before the respondents for payment of gratuity along interest but till date but till date no decision has been taken in the matter.

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On the other hand, it is argued by learned Standing Counsel that in case, the petitioner will move fresh representation ventilating all her grievances before the respondent No.3/District Basic Education Officer, Mirzapur, he will consider the same and pass appropriate orders in the matter expeditiously.

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Heard learned counsel for the parties and perused the record.

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In the facts and circumstances of the case and with the consent of learned counsel for the parties, the present petition has been disposed of directing the petitioner to move fresh representation along with relevant documents and papers annexed with the petition and certified copy of this order before the respondent No.3/District Basic Education Officer, Mirzapur within a period of three weeks from today. In case, the petitioner will file fresh representation within the aforesaid period, the respondent No.3 will pass appropriate orders on the same most expeditiously and preferably within a period of six weeks thereafter strictly in accordance with law.

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Order Date :- 29.7.2024 saqlain

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Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad

Smt Ram Dulari Devi v. State of Up and 3 Others

Case brief

What is this about?

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Smt Ram Dulari Devi v. State of Up and 3 Others

Case brief

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