Urmila Dubey vs State of U.P. Thru. Prin. Secy. Basic Education U.P. Lko. and 3 Others

Neutral Citation No. - 2024:AHC-LKO:3045

Court No. - 17

Case :- WRIT - A No. - 184 of 2024 Petitioner :- Urmila Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education U.P. Lko. And 3 Others Counsel for Petitioner :- Sushilendra Kumar Sahu Counsel for Respondent :- C.S.C.,Shailendra Singh Rajawat

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel for opposite parties no.1 and 2 and Mr. S.S.Rajawat, 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 2015 whereas gratuity was paid in the month of June, 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 2023 .

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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 Amethi 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 : - 11.1.2024 Subodh/-

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

Urmila Dubey v. State of U.P. Thru. Prin. Secy. Basic Education U.P. Lko. and 3 Others

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Urmila Dubey v. State of U.P. Thru. Prin. Secy. Basic Education U.P. Lko. and 3 Others

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