Disposed

Nand Kumar Shukla v. State of U.P. Thru. Prin. Secy. Basic Edu. Lko and 3 Others

Allahabad HC2 Feb 2024WRIA/742/2024

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What is this about?

Petitioner sought interest on delayed gratuity payment. Court granted liberty to file representation to opposite party within six weeks to determine entitlement based on Janki Devi judgment.

What did the court decide?

Liberty granted to file representation before opposite party no. 3 within six weeks to consider entitlement and ensure payment if applicable.

Nand Kumar Shukla vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:9768

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Court No. - 17

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Case :- WRIT - A No. - 742 of 2024

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Petitioner :- Nand Kumar Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Lko And 3 Others Counsel for Petitioner :- Ram Suphal,Dhirendra Kumar Mishra Counsel for Respondent :- C.S.C.,Uday Veer Singh

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Hon'ble Manish Mathur,J.

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Heard Mr. Aseem Kumar Pandey, learned counsel for petitioner, learned State Counsel for opposite party nos. 1 and 2 and Dr. Uday Veer 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 wife passed away in the year 2020 whereas gratuity was paid in the month of July, 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 v. 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 him to file a fresh representation before opposite party no. 3 i.e. District Basic Education Officer District Gonda 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 Janki Devi (supra) in case the same is applicable upon petitioner. In case petitioner is

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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 :- 2.2.2024 Subodh/-

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

Nand Kumar Shukla v. State of U.P. Thru. Prin. Secy. Basic Edu. Lko and 3 Others

Case brief

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Nand Kumar Shukla v. State of U.P. Thru. Prin. Secy. Basic Edu. Lko and 3 Others

Case brief

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