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2025 DAILYLAW 128990 (ALL)

RAMESH CHANDRA SHARMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DAIRY DEVELOPMENT AND 2 OTHERS

WRIA/3035/2025 · 2025-03-19

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15899 Court No. - 3 Case :- WRIT - A No. - 3035 of 2025 Petitioner :- Ramesh Chandra Sharma And Another Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development And 2 Others Counsel for Petitioner :- Pradeep Kumar Tripathi Counsel for Respondent :- C.S.C.,Satyavrat Shukla,Shanker Lal Hon'ble Rajesh Singh Chauhan,J. Heard Sri Pradeep Kumar Tripathi, learned counsel for the petitioner and learned Additional Chief Standing Counsel and Sri Satyavrat Shukla, who has filed his vakalatnama on behalf of opposite party no. 2 and 3 and the same is taken on record. By means of this petition, the petitioner has prayed the following relief:- "1. Issue a writ, order, or direction in the nature of Mandamus commanding the respondent No-2&3 to ensure payment of interest @7% per annum on delayed payment of Gratuity as well as leave encashment within stipulated period, in the interest of justice. 2. Issue a writ or order in the nature of Mandamus commanding the opposite party No-2 i.e. Managing Director, Pradeshik Co- operative Dairy Federation Limited Lucknow to consider the claim of petitioners for payment of interest on delayed payment of gratuity and leave encashment in light of order dated 2.5.2023 passed in Writ- A No-3243 of 2023 within stipulated period and ensure its payment forthwith to the petitioners, in the interest of justice." Learned counsel has stated that this Court vide order dated 02.05.2023 in Writ-A No. 3243 of 2023 has been pleased to direct the payment of interest on the delayed payment of post retiral dues, therefore, the similar benefit may be provided to the present petitioner. Learned counsel has stated that the petitioners have preferred representations to the competent authority for getting payment of interest but to no avail. Learned counsel has further submitted that the petitioners may be directed to prefer a fresh representation to the competent authority and direction may be issued to the authority concerned to dispose of the same in the light of the order dated 02.05.2023 passed in Writ-A No. 3243 of 2023. Having considered the arguments of the learned counsel for the parties and after perusal of the order dated 02.05.2023(supra), I hereby dispose of this petition finally at the admission stage, giving liberty to the petitioner to prefer fresh representation to the competent authority to the opposite party nos. 2 and 3 taking all pleas and grounds which are available to them enclosing therewith the copy of the earlier representations, within a period of 15 days and if such representation is preferred by the petitioners, the appropriate decision shall be taken by the authority concerned, strictly in accordance with law in the light of the order dated 02.05.2023 (supra), with expedition, preferably within a period of three months from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. Order Date :- 19.3.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench