SANDEEP KUMAR RASTOGI @ SANDIP v. STATE OF U.P. THRU. PRIN. SECY. DAIRY DEVELOPMENT LKO. AND 4 OTHERS
WRIA/8345/2025 · 2025-07-29
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154391 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154391 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43661 Court No. - 5 Case :- WRIT - A No. - 8345 of 2025 Petitioner :- Sandeep Kumar Rastogi @ Sandip Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development Lko. And 4 Others Counsel for Petitioner :- Nirbhay Kumar Singh,Buddha Priya Gautam,Nitin Verma,Pradeep Kumar Singh,Shiv Kant Shukla Counsel for Respondent :- C.S.C.,Sandeep Sharma,Shanker Lal Hon'ble Abdul Moin,J. Present petition has been filed by the petitioner claiming interest on delay in payment of the gratuity as well as the leave encashment to the petitioner. Submission of learned counsel for the petitioner is that the petitioner retired on 31.07.2022 whereas the gratuity was paid on 25.05.2023 and the leave encashment was paid on 20.01.2024 as detailed in Para -11 of the writ petition. Considering the fact that on payment of gratuity, the statutory interest is prescribed under Section 7(3A) of the Payment of Gratuity Act and although, no statutory provision exists for payment of interest in respect of leave encashment, the present petition is disposed off directing respondents to ensure payment of interest at the rate of 7% per annum on the amount of delay in payment of gratuity as well as leave encashment. The amount of interest shall be paid from the date of retirement till the actual payment as indicated in Para - 11 of the writ petition. This Court is awarding the interest on the delayed payment of leave encashment as interest is the normal accreditation of capital and the petitioner was denied the payment of leave encashment without any valid grounds whatsoever. The interest as directed to be awarded herein above, shall be paid to the petitioner positively within a period of three months from the date of production of a certified copy of this order. In case, the amount is not paid within a period of three months as
directed above, the same shall carry a further interest at the rate of 7% on the unpaid interest as directed above. The writ petition is disposed off in above terms. This order has been passed in the presence of Shri Utsav Mishra,
learned counsel who files his vakalatnama on behalf of respondent
nos.2, 3 & 4, which is taken on record.
Order Date :- 29.7.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench