SHYAM KUMAR SINGH v. STATE OF U.P. THRU. ITS PRIN. SECY. DAIRY DEV. LKO. AND 5 OTHERS
WRIA/12433/2025 · 2025-10-17
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190420 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190420 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12433 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. P.K. Singh, learned counsel for the respondent nos.1, 2 &5 Mr. Sandeep Sharma, learned counsel for the respondent no.3 and Mr. Pankaj Patel, learned counsel for the respondent nos. 4 and 6. Instant petition has been filed with the following prayers:-
"(i) Issue a wit order or directions in the nature of Mandamus commanding the opposite parties to pay the balance amount leave encashment amount of 293 and gratuity amount - with interest as shown in annexure no 6 to this writ petition as per the Norms framed by the RBI.
(ii). Issue a wit order or directions in the nature of Mandamus commanding the opposite party no.6 to decide the pending representations as contained in annexure no 4 and 5 to this writ petition." Contention of the learned counsel for the petitioner is that on 19.9.2024, he has resigned but no reason is on record as to why, dues have not been paid to the petitioner. He submitted that the provision envisaged under Section 4(6) of the Payment of Gratuity Act clearly provides the benefit of leave encashment. Versus Counsel for Petitioner(s) : Nirbhay Kumar Singh, Buddha Priya Gautam, Krishan Mohan, Nitin Verma, Pradeep Kumar Singh, Shiv Kant Shukla Counsel for Respondent(s) : C.S.C., Pankaj Patel, Sandeep Sharma Shyam Kumar Singh .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Dairy Dev. Lko. And 5 Others .....Respondent(s)
Be that as it may, the respondents are directed to consider payment of post retiral dues of the petitioner for which he is entitled, within period of two months from the date of production of a certified copy of this order before them. Needless to say that if the payment is delayed, the respondents shall also consider payment of interest on the delayed payment. October 17, 2025 Ram Murti WRIA No. 12433 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench