Disposed

Kailashpatti v. State of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko. and 3 Others

Allahabad HC28 Feb 2024WRIA/1543/2024

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What is this about?

This court granted the petitioner liberty to file a fresh representation before the District Basic Education Officer for the payment of interest on delayed gratuity, directing him to decide within six weeks of receiving the order. If the petitioner is entitled to the benefits, payment must be ensured subsequently.

What did the court decide?

Liberty granted to file a fresh representation before the District Basic Education Officer to decide entitlement for interest on delayed gratuity within six weeks.

Kailashpatti vs State of U.P. Thru. Prin… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:17978

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Court No. - 17

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Case :- WRIT - A No. - 1543 of 2024

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Petitioner :- Kailashpatti Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko. And 3 Others

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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 & 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 2011 whereas gratuity was paid in the month of May, 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 202 3.

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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 : - 28.2.2024 Subodh/-

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

Kailashpatti v. State of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko. and 3 Others

Case brief

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Kailashpatti v. State of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko. and 3 Others

Case brief

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