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2025 DAILYLAW 187981 (ALL)

RAJESH KUMAR v. STATE OF U.P. THRU. SECY. ANIMAL HUSBANDRY LKO AND 3 OTHERS

/14231/2025 · 2025-12-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14231 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed seeking the following main relief:- "(1) Issue a writ of mandamus directing the respondents to pay the petitioner interest on the salary/ livelihood (period 05.07.1997 to 08.01.2003) for wrongful withholding /payment delay of more than 21 years, at a compound rate 15% per annum, or such rate as deemed just by this Hon'ble Court, in the light of Supreme Court judgments, in the interest of justice. (II) Direct the respondents to calculate interest from the date salary became due each month till actual payment, adopting the prevailing bank commercial lending rate /GPF interest rate / SBI savings rate, as may be appropriate, in the interest of justice. 3. It has been submitted that service benefits as sought for from the period 05.07.1997 till 08.01.2003 were in fact paid to petitioner only in January, 2025 after various rounds of litigation and therefore petitioner is entitled for interest thereupon in terms of principles of restitution. Versus Counsel for Petitioner(s) : Jyoti Rajpoot Counsel for Respondent(s) : C.S.C. Rajesh Kumar .....Petitioner(s) State Of U.P. Thru. Secy. Animal Husbandry Lko And 3 Others .....Respondent(s) 4. Since considering petitioner's grievance would entail factual aspects, liberty is granted to petitioner to file fresh representation before opposite party no.2 i.e. Director, Animal Husbandry Department U.P., Lucknow or any other competent authority. In case such a representation is filed, the same is required to be decided by authority concerned expeditiously by a reasoned and speaking order within a period of eight weeks from receipt of representation of petitioner along with a certified copy of this order. 5. With aforesaid direction(s), the petition stands finally disposed of. December 16, 2025 kvg/- WRIA No. 14231 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench