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2025 DAILYLAW 140391 (ALL)

DIWAN SINGH MEHRA v. U.P. AVAS EVAM VIKAS PARISHAD LKO. THRU. HOUSING COMMISSIONER AND 2 OTHERS

WRIA/5377/2025 · 2025-05-16

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29076 Court No. - 3 Case :- WRIT - A No. - 5377 of 2025 Petitioner :- Diwan Singh Mehra Respondent :- U.P. Avas Evam Vikas Parishad Lko. Thru. Housing Commissioner And 2 Others Counsel for Petitioner :- Virendra Kumar Dubey Counsel for Respondent :- Sampurna Nand Shukla Hon'ble Rajesh Singh Chauhan,J. Heard Sri Virendra Kumar Dubey, learned counsel for the petitioner. Notice for opposite parties has been accepted by Sri Sampurna Nand Shukla. By means of this petition, the petitioner has prayed the following relief:- "(i) to issue writ order or direction in the nature of mandamus directing and commanding the opposite parties to make the payment of balance gratuity amount Rs. 10,00,000.- in the light of office order dated 28.10.2021 contained as Annexure No. 3 to the writ petition with interest at market rate, within some reasonable time. (ii) to issue writ order or direction in the nature of mandamus directing and commanding the opposite parties to make the payment of interest at market rate to the petitioner on delayed payment of gratuity Rs. 10,00,000/- made on 29.11.2023 i.e. after expiry of 3 years and 11 months, within some reasonable time." Learned counsel for the petitioner has stated that despite the fact that the petitioner was duly entitled for the payment of entire gratuity but only part payment has been given to the petitioner without any cogent reason to this effect. Therefore, without entering into the merits of the issue, liberty is given to the petitioner to prefer a fresh representation to opposite party no. 1, i.e., U.P. Avas Evam Vikas Parishad, 104, Mahatma Gandhi Marg, Lucknow through its Housing Commissioner ventilating his grievance taking all pleas and grounds which are available with him enclosing therewith the copy of his earlier representation, if any, which are necessary for disposal of the representation within a period of fifteen days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of two months from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. It is needless to say that if there is no legal impediment, the petitioner shall be paid the balance amount of gratuity as prayed in the writ petition and interest on the delayed payment within the aforesaid stipulated time. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 16.5.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench