Ziya Uddin and 10 Others v. State of U.P. Thru. Secy. Dairy Development Lko. and 3 Others

Allahabad HC19 Dec 2025WRIA/15124/2025

Case brief

AI extract

What is this about?

Writ-A 15124 of 2025; Allahabad High Court Lucknow Bench; Ziya Uddin v. State of U.P.; interest on delayed payment of retiral dues; gratuity; leave encashment; Payment Of Gratuity Act 1972; 10% interest mandamus; certiorari against order dated 29.10.2025; Shiv Shankar Mishra v. State of U.P. (2015) SCC Online All 899; financial hardship no bar; opposite party no. 4 to seek instructions; matter listed 05.01.2026; interim order; Shree Prakash Singh, J.

What the court decided

AI extract

Ziya Uddin and 10 Others vs State of U.P. Thru. Secy. Dairy Development Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - A No. - 15124 of 2025

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Ziya Uddin And 10 Others

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.....Petitioner(s)

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Versus

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State Of U.P. Thru. Secy. Dairy Development Lko. And 3 Others

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.....Respondent(s)

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Counsel for Petitioner(s) : Himanshu Kamboj, Amit Dwivedi Counsel for Respondent(s) : C.S.C., Sandeep Sharma

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Court No. - 18

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HON'BLE SHREE PRAKASH SINGH, J.

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Heard learned counsel for the petitioners, learned counsel for the State, Sri Sandeep Sharma, learned counsel for the opposite party no.3, Sri Shankar Lal, learned counsel for the opposite party no. 4 and perused the record.

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Present writ petition has been filed with the following main reliefs :-

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"i) Issue a writ, order or direction or writ in the nature of certiorari quashing the order dated 29.10.2025 passed by the opposite party no. 2 (contained as Annexure no. 1 to the writ petition) after summoning the original. ii) issue a writ, order or direction or writ in the nature of mandamus to command the opposite parties to pay the interest on delayed payment of the gratuity (as per the provisions of the Payment Of Gratuity Act 1972) as well as leave encashment at the rate 10%."

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Contention of learned counsel for the petitioners is that the interest on the retiral dues have declined by the opposite parties while rejecting the claim of the petitioners vide impugned order dated 29-10-2025, which is challenged hereinunder. He submits that the issue has already been settled by the Division Bench of this court in the case of Shiv Shankar Mishra Vs State of U.P. and Others reported in (2015) SCC Online All 899 and it has been held that the financial hardship /crunch would have no bar with respect to the payment of the interest on the delayed payment of the retiral dues.

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WRIA No. 15124 of 2025

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On the other hand, Sri Shankar Lal, learned counsel for the opposite party no. 4 submits that he will seek instructions in the matter.

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As prayed, list/put up this matter in the week commencing 05-012026 in the list of fresh cases.

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(Shree Prakash Singh,J.)

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December 19, 2025

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AKS

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

Ziya Uddin and 10 Others v. State of U.P. Thru. Secy. Dairy Development Lko. and 3 Others

Case brief

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What the court decided

Ziya Uddin and 10 Others v. State of U.P. Thru. Secy. Dairy Development Lko. and 3 Others

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