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2025 DAILYLAW 12788 (ALL)

RAVEENDRA v. STATE OF U.P. AND 2 OTHERS

WRIA/1176/2025 · 2025-02-10

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19096 Court No. - 7 Case :- WRIT - A No. - 1176 of 2025 Petitioner :- Raveendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Durga Shanker Mishra Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred present writ petition inter-alia with the following prayers :- "A. Issue a writ, order or direction in the nature of mandamus directing the District Basic Education Officer, District Ghaziabad,/Respondent no. 3, to pay interest on the delayed payment of gratuity from the date of entitlement to date of actual payment of gratuity in favour of the petitioner within a specific period as may be directed by this Hon'ble court. B. Issue a writ, order or direction in the nature of mandamus commanding/ directing the District Basic Education Officer, District Ghaziabad, /Respondent no. 3, to consider and decided the grievance of the petitioner within stipulated period as fixed by this Hon'ble court." 2. It is argued by counsel for the petitioner that for the first time an application was submitted by the petitioner before the authorities for payment of gratuity on 03.08.2023, which is clear from perusal of page-25 of the earlier writ petition filed by the petitioner being Writ A No.13478 of 2023 and in terms of the judgement and order dated 17.08.2023 petitioner became entitled for the interest on payment of gratuity from the date of application dated 03.08.2023 till 3.11.2023, i.e., for the period of three months. 3. Sri Gaurav Bishan, learned counsel for the contesting respondents placed before this Court the instructions dated 25.01.2025 according to which in terms of judgement and order dated 17.08..2023, representations were made by the petitioner on 05.09.2023 and immediately thereafter payment were made on 03.11.2023 hence petitioner is not entitled for the payment of interest. 4. Heard learned counsel for the parties and perused the records. 5. With the consent of counsel for the parties, present writ petition is disposed of at the admission stage. 6. From perusal of the record it transpires that representations alleged to be made by the petitioner for the first time for the payment of gratuity on 03.08.2023 hence assuming that everything is stated by the petitioner in the present writ petition is correct he became entitled for the interest from the said date till actual payment is made. 7. In the facts and circumstances of the case, present writ petition is disposed of with a direction to the respondent no.3-District Basic Education Officer, Ghaziabad to make the payment of interest to the petitioner as a lump sum amount to the extent of Rs.5,000/- within a period of three months from the date of receipt of certified copy of this order. Order Date :- 10.2.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad