Shivkaran Singh vs Union of India Thru. Secy. Deptt. of Telecommunications, Ministry of Communication, and 2 Others — Allahabad HC (2026) — LawSathi Research

Shivkaran Singh vs Union of India Thru. Secy. Deptt. of Telecommunications, Ministry of Communication, and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioner to give a fresh representation before the competent authority within 10 days; any such representation to be decided in terms of the Notification dated 01.10.1987 for payment of interest on delayed payment of gratuity within four weeks; if delay in payment of gratuity is found, interest to be paid within four weeks of the decision.

Issue for consideration

Whether the petitioner is entitled to statutory interest at 10% per annum on the delayed payment of gratuity for the period 31.07.2022 to 07.12.2022, in accordance with Section 7(3A) of the Payment of Gratuity Act, 1972 and the applicable Notification dated 01.10.1987.

Ratio / Principle

The writ petition is disposed of with liberty to the petitioner to give a fresh representation before the competent authority within 10 days.

Key takeaways

If such a representation is filed, it shall be decided in terms of the Notification dated 01.10.1987 for payment of interest on delayed payment of gratuity within four weeks thereafter.ratio¶16
In case it is found that there was delay in payment of gratuity to the petitioner, interest shall be paid within four weeks of the decision so taken.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Rajeev Singh, J. (WRIT - A No. 4730 of 2026, decided 25.05.2026): Petition by Shivkaran Singh sought mandamus commanding the respondents to pay statutory interest @ 10% per annum on delayed payment of gratuity for the period 31.07.2022 to 07.12.2022, in accordance with Section 7(3A) of the Payment of Gratuity Act, 1972 and the applicable Notification dated 01.10.1987 of the Ministry of Labour. Counsel for the respondents opposed the prayer but did not dispute the Notification. The Court did not adjudicate entitlement on merits; it disposed of the petition with liberty to the petitioner to give a fresh representation before the competent authority within 10 days, to be decided in terms of the Notification dated 01.10.1987 within four weeks thereafter, and directed that if delay in payment of gratuity is found, interest shall be paid within four weeks of the decision so taken.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 4730 of 2026

Shivkaran Singh

.....Petitioner(s)

Versus

Union Of India Thru. Secy. Deptt. Of Telecommunications, Ministry Of Communication, And 2 Others .....Respondent(s) Counsel for Petitioner(s) : Hema Singh, Rakesh Kumar Yadav Counsel for Respondent(s) : A.S.G.I., Nidhi Singh

Court No. - 17

HON'BLE RAJEEV SINGH, J.

Heard learned counsel for the petitioner, Sri Anand Dwivedi, learned counsel appearing for respondent no.1 and Ms. Nidhi Singh, learned counsel for respondent nos.2 and 3.

This petition has been filed with the following prayer:-

"To issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay to the petitioner statutory interest @ 10% per annum on the delayed payment of gratuity, for the period from 31.07.2022 till 07.12.2022, in accordance with Section 7(3A) of the Payment of Gratuity Act, 1972 and the applicable notification, in the interest of justice."

Learned counsel for the petitioner submits that vide Notification dated 1st October, 1987 of Ministry of Labour 10% interest would have to be paid on the delayed payment of gratuity, but the interest on the delayed payment of gratuity has not been paid to the petitioner. It is further submitted that a representation in this regard has already been given, but no decision on the same has been taken by the respondents till date. It is, thus, submitted that the indulgence of this Court is necessary.

Learned counsel for the respondents vehemently opposes the prayer of the petitioner, but does not dispute on the aforesaid Notification of the Government of India.

WRIA No. 4730 of 2026

2

Considering the submission of the learned counsel for the parties and going through the record, including the aforesaid Notification, the writ petition stands disposed of with the liberty to the petitioner to give a fresh representation before the competent authority within 10 days from today and, in case, any such representation is filed, the same shall be decided in terms of the aforesaid Notification dated 01.10.1987 for payment of interest on delayed payment of gratuity within a period of four weeks thereafter. Needless to say that in case, it is found that there is delay in payment of gratuity to the petitioner, the interest shall be paid within four weeks of the decision so taken.

(Rajeev Singh,J.)

May 25, 2026

Arpan

Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench