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2025 DAILYLAW 187394 (ALL)

UMESH SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. / PRIN. SECY. URBAN DEVELOPMENT DEPTT. AND 4 OTHERS

/13479/2025 · 2025-11-20

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13479 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Vijay Kumar, learned Additional Chief Standing Counsel for the State, Mr. Krishna Vishwakarma, advocate, holding brief of Mr. Rishabh Kapoor, learned counsel for respondent nos. 2 to 5 and perused the record. Instant petition has been filed with the following reliefs:- "I) Issue a Writ of Mandamus or any other appropriate writ/order/direction, commanding the respondents/opposite parties to forthwith release the entire outstanding amount of gratuity payable to the petitioner, in accordance with the provisions of the Payment of Gratuity Act, 1972, and Uttar Pradesh Payment of Gratuity Rules, 1975. (II) Issue a writ of Mandamus or any other appropriate commanding the writ/order/direction, respondents/opposite parties to forthwith release the entire outstanding amount of leave encasement and dearness allowance. (III) Direct the respondents/opposite parties to pay penal interest at the rate of 12% per annum on the total delayed gratuity along with leave encasement and dearness allowance amount, from the date it became due (i.e., 30 days after the date of superannuation i.e 31st January, 2024) until the date of actual payment, as the delay is not attributable to the petitioner; (IV) Pass any other order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, to ensure the ends of justice are met. (V) Allow the writ petition with cost in favour of the Petitioners." Versus Counsel for Petitioner(s) : Vivek Abhir Counsel for Respondent(s) : C.S.C., Rishabh Kapoor Umesh Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Urban Development Deptt. And 4 Others .....Respondent(s) After arguing at length, learned counsel for the petitioner submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioner to move a fresh representation before the respondent no. 5 and he may be directed to consider & decide the same, within stipulated period of time as may be fixed by this Court. Learned counsel for the opposite parties have no objection to the contention aforesaid. Be that as it may, without entering into the merit of the case, the petitioner is permitted to move a fresh representation within period of 15 days, and if such representation is moved within aforesaid period, the respondent no. 5/Chief Treasury Officer, Uttar Pradesh Jal Nigam(Urban) Lucknow, is hereby directed to consider and decide the same, within a period of six weeks, in accordance with law, from the date, a certified copy of this order is produced before him. With the aforesaid observations, the instant petition is disposed of. November 20, 2025 Mayank WRIA No. 13479 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench