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2025 DAILYLAW 157246 (ALL)

RAKESH CHANDRA PATHAK v. STATE OF U.P. THRU. PRIN. SECY. KRISHI VIPRAN AND VIDESH VYAPAR, GOVT. OF U.P. LKO. AND 2 OTHERS

WRIA/8987/2025 · 2025-08-20

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48727 Court No. - 4 Case :- WRIT - A No. - 8987 of 2025 Petitioner :- Rakesh Chandra Pathak Respondent :- State Of U.P. Thru. Prin. Secy. Krishi Vipran And Videsh Vyapar, Govt. Of U.P. Lko. And 2 Others Counsel for Petitioner :- Akhilesh Pratap Singh,Kushagra Kanodia Counsel for Respondent :- C.S.C.,Surendra Kumar Singh Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri Aditya Mohan, learned counsel for respondents no.2 and 3. 2. Sri Aditya Mohan, learned counsel, informs that he has already filed Vakalatnama in the Registry. 3. With the consent of learned counsels for the parties the matter is being decided finally. 4. The contention of learned counsel for the petitioner is that the petitioner retired on attaining the age of superannuation on 31.01.2024. At the time of his retirement when he was not paid gratuity he staked his claim for being paid gratuity which had been rejected by means of order impugned dated 15.07.2025, a copy of which is Annexure-1 to the petition. 5. However, today itself learned counsel appearing for respondents no.2 and 3 informs that subsequent to the order dated 15.07.2025 being passed the respondents have reconsidered the matter and have passed an order dated 19.08.2025 which has also been made available to the learned counsel for the petitioner today per which it has been decided to pay gratuity to the petitioner. 6. Learned counsel for the petitioner states that now the only question which remains is the payment of interest from the date the petitioner retired till the actual payment of gratuity. 7. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to submit a representation for payment of interest on delayed payment of gratuity. The said representation would be preferred before respondent no.2 within two weeks along with certified copy of this order. In case such representation is made the respondent no.2 shall proceed to decide the same in accordance with law within a further period of six weeks. Order Date :- 20.8.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench