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2025 DAILYLAW 131491 (ALL)

PUSHPENDRA KUMAR MISHRA v. STATE OF U.P. THRU. ITS PRIN. SECY. EXCISE LKO. AND 2 OTHERS

WRIA/3506/2025 · 2025-04-02

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18379 Court No. - 18 Case :- WRIT - A No. - 3506 of 2025 Petitioner :- Pushpendra Kumar Mishra Respondent :- State Of U.P. Thru. Its Prin. Secy. Excise Lko. And 2 Others Counsel for Petitioner :- Ramesh Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing counsel for the respondents. By this petition, the petitioner seeks a writ of mandamus directing the opposite parties to provide interest at the rate of 12% per annum on the delayed payment of leave encashment, pension computation, gratuity, and 10% GPF, as already mentioned in paragraph 11 of the writ petition. Additionally, the petitioner seeks a writ of mandamus directing the opposite parties to grant the benefit of the 3rd ACP (Assured Career Progression) in accordance with the Government Order dated 03.03.2015, which is annexed as Annexure No. 10 to the writ petition. Learned counsel for the petitioner submits that the petitioner retired on 31.03.2021. Although, retiral dues such as leave encashment, computation of pension, gratuity, and GPF have been paid, but, they were disbursed after substantial delay delays. Specifically, leave encashment was paid after a delay of three years and nine months, pension computation after four months, gratuity after four months, and GPF after one year and five months. Therefore, he submits that the petitioner is entitled to 12% interest for the delayed payment of retiral dues. It has been further submitted by the petitioner that the petitioner is also entitled for the third ACP which became due in the year 2008. Learned counsel for the petitioner further submits that it would be suffice, in case the petitioner is permitted to file a fresh representation before respondent no. 2 which shall be directed to be decided in a stipulated period. Learned Standing Counsel has no objection to this innocuous prayer. In view of the above, the petitioner is directed to submit a fresh representation before respondent no. 2, raising all grievances, within two weeks from today and in case, such a representation is submitted, the same shall be decided by respondent no. 2 within a further period of four weeks by passing a reasoned and speaking order. With these observations, the petition stands disposed of. Order Date :- 2.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench