Dr. Akhshaya Chandra Mittal vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Dr. Akhshaya Chandra Mittal vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.1 to decide the petitioner's claim for gratuity with interest within two months from production of a certified copy of the order, after giving the petitioner an opportunity of hearing, while considering the law laid down in Writ-A No.5724 of 2024.

Issue for consideration

Whether the respondent authorities should be directed to pass appropriate orders for payment of gratuity to the petitioner alongwith interest on the arrears of gratuity, and to decide the petitioner's representation for payment of gratuity and its arrears in accordance with settled law within a time-bound period.

Court's answer

The claim of the petitioner shall be decided by respondent no.1 within a period of two months from the date of production of a certified copy of the order, after giving an opportunity of hearing to the petitioner.

Ratio / Principle

While deciding the claim, respondent no.1 shall consider the law laid down by this Court in Writ-A No.5724 of 2024 (University College Ret. Teachers Welfare Asso. Lko. and others Vs. State of U.P. and others).

Detailed headnote1 paragraphs

Writ-A No. 3351 of 2025 (Neutral Citation 2025:AHC:65146), High Court of Judicature at Allahabad, Hon'ble Vikram D. Chauhan, J., Order Date 28.4.2025 — The petitioner sought a direction to respondent no.2 (Director, Higher Education, Directorate of Higher Education U.P., Prayagraj) for payment of gratuity with interest @9% per annum on arrears from the date of superannuation till actual payment, and a time-bound decision on his representation. His gratuity claim with interest was pending before respondent no.2 without any order; counsel submitted the matter was covered by Writ-A No.5724 of 2024 (University College Ret. Teachers Welfare Asso.). The Court disposed of the writ petition directing respondent no.1 to decide the claim within two months of production of a certified copy of the order, after affording hearing to the petitioner, and to consider the law laid down in Writ-A No.5724 of 2024.

Neutral Citation No. - 2025:AHC:65146

Court No. - 7

Case :- WRIT - A No. - 3351 of 2025 Petitioner :- Dr. Akhshaya Chandra Mittal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Mohan Asthana Counsel for Respondent :- C.S.C.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

The writ petition is filed with the following prayer:

"i. Issue a writ order or direction of suitable nature, directing the respondent no.2, the Director, Higher Education, Directorate of Higher Education U.P. Prayagraj to pass an appropriate order for payment of gratuity to the petitioner alongwith interest on the arrears of gratuity amount @9% per annum from the date of superannuation till the date of its actual payment to the petitioner.

ii. Issue an appropriate writ order or direction of suitable nature, directing the respondent authority to take appropriate decision for payment of gratuity and its arrears to the petitioner on the representation of the petitioner in accordance with the settled law within a period to be specified by this Hon'ble Court."

It is submitted by learned counsel for petitioner that the claim of petitioner for gratuity along with interest is pending consideration before respondent no.2, however, no order has been passed. Learned counsel for petitioner submits that present matter is covered by the judgment of this Court passed in Writ-A No.5724 of 2024 (University College Ret. Teachers Welfare Asso. Lko. Thru. Its President Dr. S.S. Chauhan and another Vs. State of U.P. Thru. Prin. Secy. Deptt. Of Higher Education U.P. Lko. and others).

In view of aforesaid, let the claim of petitioner be decided by respondent no.1 within a period of two months from the date of production of a certified copy of the order after giving an opportunity of hearing to petitioner. Respondent no.1 while passing the order would consider the law laid down by this Court in Writ-A No.5724 of 2024 (University College Ret. Teachers Welfare Asso. Lko. Thru. Its President Dr. S.S. Chauhan and another Vs. State of U.P. Thru. Prin. Secy. Deptt. Of Higher Education U.P. Lko. and others). .

With the aforesaid observation/direction, the writ petition stands disposed of.

Order Date :- 28.4.2025

D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad