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2025 DAILYLAW 134582 (ALL)

SATISH CHANDRA SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF SECONDARY EDUCATION LKO. AND 4 OTHERS

WRIA/4182/2025 · 2025-04-18

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22122 Court No. - 3 Case :- WRIT - A No. - 4182 of 2025 Petitioner :- Satish Chandra Srivastava Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Secondary Education Lko. And 4 Others Counsel for Petitioner :- Shreyash Agrawal Counsel for Respondent :- C.S.C.,Anurag Srivastava Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shreyash Agrawal, learned counsel for the petitioner, Sri Vijay Kumar, learned Standing Counsel for the State-opposite parties no.1 to 4 and Sri Anurag Srivastava, learned counsel for opposite party no.5. 2. By means of this petition, the petitioner has prayed following main relief:- "i. Issue an order or direction in the nature of Mandamus, commanding the Opposite Party no.2 to release gratuity of the petitioner along with interest @10% per annum compounding annually, within a time frame as may be fixed by this Hon'ble Court." 3. Attention has been drawn towards Annexure No.10 of the writ petition, which is an order dated 12.12.2024 passed by the Under Secretary of the Department of Secondary Education Anubhag-6, Lucknow addressing to the Director of Education (Madhyamik) providing 'No Objection' in favour of the petitioner, if he is paid his admissible dues. Learned counsel has, therefore, submitted that since the State Government has given 'No Objection' so the petitioner should have been paid his dues. He has also submitted that there is unreasonable and unexplained delay in making payment of aforesaid dues, therefore, the petitioner would be entitled for the interest on the delayed payment. 4. Learned counsel for the petitioner has submitted that for redressal of the aforesaid grievance, the petitioner has preferred representation to the competent authority, but to no avail. Learned counsel for the petitioner has also submitted that the petitioner may be permitted to prefer a fresh representation before opposite party no.2 and this Court may direct opposite party no.2 to pass appropriate order strictly in accordance with law. 5. Learned counsels for the opposite parties have no objection if direction for disposal of the representation is issued. 6. Therefore, without entering into merits of the issue, the petitioner is permitted to prefer a fresh representation to opposite party no.2 i.e. Director, Secondary Education, U.P., Lucknow withing a period of fifteen days from today forwarding the copy of the representation to opposite party no.1 i.e. Additional Chief Secretary, Department of Secondary Education, U.P., Lucknow within the aforesaid stipulated time, taking all pleas and grounds, which are necessary for disposal of the representation. If such representation is preferred by the petitioner within the aforesaid stipulated time, opposite party no.2 shall take a decision by speaking and reasoned order, strictly in accordance with law, with expedition, say within a period of two months from the date of receipt of the representation and thereafter communicate the decision thereof to the petitioner forthwith. 7. It is needless to say that since the State Government has already given 'No Objection' to the petitioner, so the dues prayed in the writ petition may be given to the petitioner within the aforesaid stipulated time and if there is no explanation of delay in making such payment, the petitioner may be entitled for interest on the delayed payment strictly in accordance with law and that grievance of the petitioner should also be considered within the aforesaid stipulated time. 8. With the aforesaid direction, the writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 18.4.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench