DR. KRISHAN PAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL EDUCATION AND TRAINING LKO. AND 3 OTHERS
WRIA/12571/2025 · 2025-10-17
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190269 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190269 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12571 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard Sri Sanjay Kumar Srivastava,learned counsel for the petitioner,Sri Piyush Kumar, learned counsel for the State, Sri Shubhuam Tripathi,
learned counsel for the opposite parties no. 2 to 4 and perused the record. Instant writ petition has been filed with the following reliefs :-
"i. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties No. 2, 3 and 4 to allow to make payment of Gratuity to the petitioner along with interest w.e.f. the date it become due up till the date of actual payment forthwith. ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to make payment of Leave Encashment of 34 days to the petitioner along with interest w.e.f. the date it become due up till the date of actual payment forthwith. iii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to make payment of interest upon late payment of Pension and Commutation of Pension to the petitioner w.e.f. the date it become due up till the date of actual payment forthwith." Contention put forth by the learned counsel for the petitioner is that the petitioner has been superannuated after attaining the age of 65 years and the respondent-department is not paying the gratuity, though the issue has already been settled vide Judgment and
Order dated 23-08-2023 passed by the coordinate Bench of this court in Writ A No. 3180 of 2023. He submitted that the said order is applicable in the case of present petitioner and the order passed by the coordinate Bench of this court has been complied with vide
order dated 20-0-2-2024. Versus Counsel for Petitioner(s) : Sanjay Kumar Srivastava, Akshat Kumar Counsel for Respondent(s) : C.S.C., Shubham Tripathi Dr. Krishan Pal Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical Education And Training Lko. And 3 Others .....Respondent(s)
After the aforesaid arguments, 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 opposite party no. 2/Vice Chancellor, King George Medical University, Lucknow and the opposite party no. 2 may be directed to consider and decide the same in the light of the Judgment and Order dated 23-08-2023 passed in Writ A No. 3180 of 2023 within the stipulated period of time, as may be fixed by this court.
Learned counsel appearing for the opposite parties have no objection to the contentions aforesaid. Be that as it may, without entering into the merits of the case,the petitioner is given liberty to move a fresh representation, while raising all his claims and grounds before the opposite party no. 2/ Vice Chancellor, King George Medical University, Lucknow within a period of 15 days form today and if such representation is moved within aforesaid period, the opposite party no. 2 is directed to consider and decide the same in the light of Judgment and Order dated 23-08-2023 passed in Writ A No. 3180 of 2023 within further period of three months, in accordance with law. With the aforesaid observations, the writ petition is hereby
disposed of. October 17, 2025 AKS WRIA No. 12571 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench