Neutral Citation No. - 2025:AHC:80643-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 77 of 2025 Appellant :- Keshwati Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Ajay Kumar Mishra,Suresh Kumar Gupta Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This appeal arises out of an order passed by learned Single Judge dated 2.1.2025 whereby the claim of the present appellant for payment of interest on account of alleged delay in payment of gratuity has been denied. 2. Undisputed facts of the case are that petitioner's husband was an Assistant Teacher in the Basic Institution. He died in 2011. Under the applicable scheme, for payment of gratuity, an option was required to be filled by the employee as per which he could retire at the age of 58 years and thereby claim gratuity. The gratuity, however, was not to be paid if the employee did not opt for it continued till the age of 60 years. In this case, the said option was not exercised. No claim was raised by the widow for payment of gratuity till the year 2021. It was only in 2021 that a writ petition was filed, pursuant to which, a direction was issued for payment of gratuity and the amount of gratuity has been paid along with 8% rate of interest from the date of disposal of the writ petition till the date of payment of gratuity. 3. Petitioner, thereafter, filed a writ petition claiming interest from 2011 when her husband died. This claim has been rejected by the learned Single Judge on the ground that no claim for payment of gratuity was made in the year 2011 nor the deceased employee had opted to receive gratuity and, therefore, payment of interest was not due on the amount of gratuity till it was claimed. 4. Having heard learned counsel for the parties, we find that the view taken by the learned Single Judge is based on correct appreciation of facts and the applicable law, inasmuch as payment of gratuity to the deceased employee was dependent upon the exercise of option. Such payment was not automatic. No such option was exercised. It was only in 2021 that such claim was raised and, thereafter, the amount has been paid with admissible interest. 5. In such circumstances, denial of interest between 2011 to 2021 by the learned Single Judge requires no interference. 6. Accordingly, this appeal is dismissed. Order Date :- 15.5.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad