Petitioner sought direction for payment of gratuity denied despite voluntary retirement and recommendation. Court granted liberty to file fresh representation and directed authority to decide within six weeks.
Liberty to file fresh representation; authority to decide within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:6072
Court No. - 17
Case :- WRIT - A No. - 397 of 2024
Petitioner :- Neelam Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education, Lucknow And 5 Others Counsel for Petitioner :- Ramesh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties 1 to 3. Notice on behalf of opposite parties 4 to 6 has been accepted by Mr. Pradeep Tiwari Advocate.
Petition has been filed seeking a direction to the competent authority for payment of gratuity along with interest.
It is submitted that earlier petitioner while working on the post of Head Master submitted her application for voluntary retirement which was accepted vide order dated 8th July, 2021 whereafter recommendation was made on 17th December, 2022 for payment of gratuity to her which was reiterated vide letter dated 10th May, 2023 by the Finance and Accounts Officer. It is submitted that however despite such recommendations gratuity has not yet been paid to petitioner.
For the aforesaid relief, the petitioner has already submitted a representation dated 13th July, 2022 but seeks liberty to file a fresh representation before the authority concerned.
Considering innocuous prayer being made by learned counsel for the petitioner and without entering into the merits of the case petitioner is granted liberty to file a fresh representation before the competent authority. In case such a representation is filed, the same shall be decided within period of six weeks from the date a copy of this order is produced before the said authority. In case petitioner is found entitled for the said grievance, actual payment of gratuity shall be ensured within a period of six weeks thereafter. The opposite party shall also take a decision with regard to payment of interest to petitioner.
With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 22.1.2024 prabhat
Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petitioner is entitled to direction for payment of gratuity and interest.
Neelam Srivastava
State Of U.P.
Manish Mathur
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
