HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13170 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Sri Utsav Misra, Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 3 and the same is taken on record. Heard heard learned counsel for the petitioners, Sri Rajeev Singh Chauhan, learned counsel for the State, Sri Utsav Misra, learned counsel for the opposite party no. 3, Sri Shankar Lal, learned counsel for the opposite party no. 4 and perused the record. The present writ petition has been filed challenging the order dated 16-09-2025, by which the due payment of interest on the delayed payment of gratuity to the petitioners has been denied. Contention put forth by the learned counsel for the petitioners is that though the department admits the payment of dues but, the reason for non payment of the dues of interest is the financial crunch before the department. Sri Shankar Lal, learned counsel appearing for the contesting respondent department submits that the opposite party no. 4/Kanpur Dugdh Utpadak Sahkari Sangh Ltd. is running in loss and therefore, some time may be granted so as to pay the aforesaid amount. Clause 6 of the order impugned says that the petitioners are not Versus Counsel for Petitioner(s) : Vinod Kumar Mishra, Amit Dwivedi Counsel for Respondent(s) : C.S.C., Sandeep Sharma, Shanker Lal, Utsav Mishra Ashok Kumar And 5 Others .....Petitioner(s) State Of U.P. Thru. Secy. Dairy Development Civil Sectt. Lko. And 3 Others .....Respondent(s) entitled for the interest on due payment of gratuity which infact goes against the settled proposition of law in the case of Kapila Hingorani Vs State of Bihar, reported in AIR Online 2003 SC 221. Further contention of learned counsel for the petitioners is that the amount of gratuity of Rs. 11,84,759/-which is directed to be paid vide impugned order, has still not been paid. It is provided that the opposite party no. 4, General Manager, Kanpur Dugdh Utpadak Sahkari Sangh Ltd., shall provide the amount of gratuity Rs. 11,84,759/- within a period of two months to the petitioners. It is further observed that in so far as the observation made in Clause 6 of the impugned order dated 15-09-2025, is concerned, the same is unsustainable. Therefore, the petitioners are also entitled for the interest upon the admitted amount of gratuity. In this view of the matter, the writ petition is finally disposed of with the aforesaid observations including the observations with the permission to the petitioners to move a fresh representation before the opposite party no. 2 claiming the interest on the admitted amount of gratuity within period of 15 days from today and if such representation is moved, that shall be considered and decided by the opposite party no. 2 within further period of two months. November 13, 2025 AKS WRIA No. 13170 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench