Disposed

Devendra Kumar Sharma v. Union of India Thru. Secy. Deptt. Telecommunications Ministry Communications New Delhi and 2 Others

Allahabad HC15 Apr 2024WRIA/2933/2024

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by an employee seeking interest on unpaid gratuity, granting liberty to submit a fresh representation to the opposite party for reconsideration.

What did the court decide?

Liberty to move a fresh representation for interest on gratuity; opposite party directed to decide within four weeks.

Devendra Kumar Sharma vs Union of India… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29713

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Court No. - 20

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Case :- WRIT - A No. - 2933 of 2024

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Petitioner :- Devendra Kumar Sharma Respondent :- Union Of India Thru. Secy. Deptt. Telecommunications Ministry Communications New Delhi And 2 Others Counsel for Petitioner :- Raj Mani Dubey Counsel for Respondent :- A.S.G.I.,Satya Prakash Tiwari

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Hon'ble Shree Prakash Singh,J.

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Heard Sri Avinash Singh,Advocate, holding brief of Sri Raj Mani Dubey, learned counsel for the petitioner, Sri Shyam Srivastava, Advocate, holding brief of Sri Satya Prakash Tiwari, learned counsel appearing for the opposite parties no. 2 & 3 and Sri Anand Dwivedi, learned counsel appearing for the Union of India.

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The instant writ petition has been filed seeking the following reliefs :-

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i. issue a writ, order or direction in the nature of mandamus commanding to the Opposite Party no. 3 i.e. Additional General Manager/Unit Head (R.B.) Indian Telephone Industries Doorbhash Nagar, Rae Bareli to ensure of payment of interest to the petitioner by the Respondent No. 3 at the rate of 10% per annum on the gratuity for the period of 31.10.2022 till 08.04.2023.

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ii. issue any suitable writ, order or direction which this Hon'ble Court deems to fit and proper in the circumstances of the case.

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iii. award the writ petition with cost.

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After arguing at some length, learned counsel appearing for the petitioner submits that interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioner to move a fresh representation while claiming the interest over the amount of gratuity for the period 31-10-2022 till 08-04-2023.

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The counsels appearing for the opposite parties have no objection to the contention aforesaid.

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In view of above and without entering into the merits of the case, liberty is given to the petitioner

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to move a fresh representation within a period of two weeks from today before the opposite party no. 3 i.e. Additional General Manager/Unit Head(R.B.), ITI Limited Doorbhash Nagar,Raebareli and if such representation is moved, the opposite party no. 3 is hereby directed to consider and decide the same within further period of four weeks.

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With the aforesaid observations, the instant writ petition is disposed of.

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Order Date :- 15.4.2024 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Devendra Kumar Sharma v. Union of India Thru. Secy. Deptt. Telecommunications Ministry Communications New Delhi and 2 Others

Case brief

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Devendra Kumar Sharma v. Union of India Thru. Secy. Deptt. Telecommunications Ministry Communications New Delhi and 2 Others

Case brief

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