KAILASHA DEVI v. K. RAVINDRA NAYAK I.A.S. PRIN. SECY. FISHERIES LKO. AND 2 OTHERS
/664/2025 · 2025-12-04
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182164 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182164 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 664 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present contempt application has been preferred for alleged non-compliance of the judgment and order of the Writ Court dated 14.11.2024 passed in Writ A No. 10218 of
2024. The relevant excerpts of the aforesaid judgment and order is being reproduced hereinbelow:-
" 9. Accordingly, the writ petition is disposed of with a direction to the respondent no. 2 to ensure that the gratuity as due to the petitioner is paid within a period of 3 months from the date of receipt of a certified copy of this order provided there is no legal impediment. 10. The admissibility of interest on the delayed payment of gratuity would also be considered by the respondent no. 2 in accordance with law" The learned counsel for the respondent no. 2 has submitted that a compliance affidavit has been filed on 14.07.2025 specifically mentioning therein in para no. 21 that the amount of gratuity has been paid to the applicant on 02.07.2025 and there is no delay in payment for the reason that the prescribed Form 'K' provided under the Act was submitted by the applicant on 27.06.2025 so, there is no question of payment of interest on delayed payment. It is further submitted that till date no objection to the compliance affidavit filed by the respondent has been filed on behalf of the applicant. On the other hand, learned counsel for the applicant has submitted that husband of the applicant had expired in the year 2017 and thereafter, the other post retiral dues were paid to her in the year 2018 but the gratuity was not paid. The applicant had approached this Court wherein the Writ Court has passed an order with a direction to the respondent no. 2 to ensure that the gratuity, as due to the applicant to be paid Versus Counsel for Applicant(s) : Banwari Lal Maurya Counsel for Opposite Party(s) :
Kailasha Devi .....Applicant(s) K. Ravindra Nayak I.A.S. Prin. Secy. Fisheries Lko. And 2 Others .....Opposite Party(s)
within a period of 3 months and the admissibility of the interest on the delayed payment of gratuity would also be considered.
He has further submitted that the gratuity has been paid but interest has not been paid, as directed by the Writ court so, the judgment and order passed by the Writ Court has not been complied with. After hearing learned counsel for the parties and going through the record of the case, it is found that admittedly the gratuity has been paid. The question of payment of interest on delayed payment is to be considered and in this regard, a query has been put to the learned counsel for the applicant as to whether the applicant had submitted Form 'K' on 27.06.2025 or prior to that, he has replied that Form 'K' was submitted for the purpose of payment of gratuity on 27.06.2025 and other post retiral dues were already paid to her in the year 2018, meaning thereby for the purpose of payment of gratuity, the applicant had submitted prescribed Form 'K' on 27.06.2025 and within a week, the gratuity has been paid so there is no delay on the part of the respondent, hence, submission of learned counsel for the respondent no. 2 has force as the payment of gratuity has been paid within a period of three months from the date of submission of prescribed Form 'K' thus no question arises of payment of interest on delayed payment. In view of the facts, circumstances and discussion made hereinabove, the judgment and order dated 14.11.2024 passed by Writ Court has been complied with and the present contempt application has become infructuous, thus, the present contempt application is hereby dismissed. December 4, 2025 Ashish CAPL No. 664 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench