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2025 DAILYLAW 138244 (ALL)

RAM RATAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. DAIRY DEVELOPMENT LKO. AND 2 OTHERS

WRIA/4919/2025 · 2025-05-05

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25853 Court No. - 3 Case :- WRIT - A No. - 4919 of 2025 Petitioner :- Ram Ratan Singh Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development Lko. And 2 Others Counsel for Petitioner :- Rajendra Prasad,Rana Pratap Singh Counsel for Respondent :- C.S.C.,Pankaj Patel Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rana Pratap Singh, learned counsel for the petitioner, Sri Raghvendra Pratap Singh, learned Standing Counsel for the State-opposite party Nos.1 & 2. However, Sri Pankaj Patel, learned counsel has accepted notice on behalf of the opposite party No.3. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of mandamus to the opposite party Nos.2 & 3 to pay 10% interest on delayed payment of gratuity and leave encashment amount to the petitioner from the due date to till date of actual payment which was payable to the petitioner day after his retirement i.e. 01.01.2024 but it was deliberately illegally, arbitrary without any statutory provisions paid delayed on different dates to the petitioner. (ii) to issue a writ, order or direction in the nature of mandamus to the opposite party No.3 to pay 10% interest on delayed payment of outstanding salary to the petitioner which was payable to the petitioner during his service period but it was deliberately, illegally, arbitrary paid delayed on dated 27.02.2025 after retirement dated 31.12.2023 to the petitioner." 3. Learned counsel for the petitioner has stated that the opposite parties have paid the arrears of salary and retiral dues to the petitioner after a substantial delay without any cogent reason, therefore, the petitioner is entitled for interest on the delayed payment. The petitioner has approached the opposite party No.3 demanding the same, but to no avail. 4. Learned counsel for the petitioner has further submitted that the petitioner is ready to prefer a fresh representation to the Competent Authority, therefore, he may be permitted to prefer a fresh representation to the Competent Authority and direction may be issued him to consider and decide the said representation within a stipulated time. 5. Learned Standing Counsel has stated that he has no objection if direction is issued to the Competent Authority to consider and decide the representation of the petitioner within a stipulated time. 6. In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioner to prefer a fresh representation to the opposite party No.3 i.e. the General Manager/ Unit-In-Charge, Dugdh Utpadak Sahkari Sangh Ltd. Muzaffar Nagar, U.P. taking all pleas and grounds which are available with him annexing therewith copy of his earlier representation, if any, and the relevant documents in support of his claim within a period of fifteen days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition preferably within a period of two months from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith. 7. It is needless to say that if the aforesaid dues has been paid to the petitioner after a substantial delay without any cogent reason to that effect, the claim of the petitioner for interest on delayed payment may be considered, strictly in accordance with law, within the aforesaid stipulated time. 8. In view of the aforesaid terms, the instant writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 5.5.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench