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2025 DAILYLAW 173449 (ALL)

RAM KISHOR KANAUJIA v. STATE OF U.P. THRU. ITS PRIN. SECY. BASIC EDU. LKO. AND ANOTHER

WRIA/14282/2025 · 2025-12-11

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14282 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard Sri Ankit Tewari, Advocate, holding brief of Sri Shailendra Singh, learned counsel for the petitioner, Sri Brijendra Singh, learned Additional Chief Standing Counsel for the State, Sri Prashant Kumar Singh,learned counsel for the opposite party no. 2 and perused the record. The present writ petition has been filed with the following main reliefs :- "i.Issue a Writ, Order, or Direction in the nature of Mandamus commanding the Respondents to compute and release the amount of Gratuity payable to the Petitioner in accordance with the Payment of Gratuity Act, 1972, ignoring the condition of the "Option Form" required under State Government Orders. ii.Issue a Writ, Order, or Direction commanding the Respondents to pay interest on the delayed payment of gratuity at the rate of 18% per annum from the date of retirement until the date of actual payment, in terms of the direction issued by the Hon'ble Supreme Court in the case of Usha Rani." It is apparent from the Annexure no. 1 of the writ petition that some decision has been taken while referring some undated government order, whereby the benefit of gratuity etc. has been declined to be paid to the petitioner. Therefore, the opposite party no. 2/District Basic Education Officer, Hardoi, is directed to consider and decide the matter afresh ignoring the unreasoned order dated 03-09-2025 within the period of four weeks from the date a certified copy of this order is produced before him. Versus Counsel for Petitioner(s) : Shailender Singh, Neelam Singh, Ravi Kant Patel Counsel for Respondent(s) : C.S.C., Prashant Kumar Singh Ram Kishor Kanaujia .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Basic Edu. Lko. And Another .....Respondent(s) With the aforesaid observations, the present writ petition is disposed of. December 11, 2025 AKS WRIA No. 14282 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench