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2025 DAILYLAW 196244 (ALL)

AWADH PAL YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. KRISHI VIPRAN AND VODESH VYAPAN ANUBHAG-I AND 3 OTHERS

WRIA/10917/2025 · 2025-11-21

Shree Prakash Singh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10917 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Ashutosh Mishra, learned Standing counsel appearing on behalf of the respondent no. 1 and Sri Rajesh Kumar learned counsel for the respondents no. 2 to 4. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. Contention of learned counsel for the petitioner is that despite the petitioner having retired on attaining the age of superannuation on 31.12.2023, the gratuity as per the provisions of Payment of Gratuity Act, 1972 has not been paid to the petitioner. It is contended that this aspect of the matter has already been considered by this Court in the case of Krishi Utpadan Mandi Samiti Vs. Appellate Authority and Ors passed in Writ-C No. 24841 of 2016 decided on 19.07.2016, a copy of which is annexure 4 to the writ petition. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to submit a representation to the respondent no. 2 within two weeks from today. In case, such a representation is made then the respondent no. 2 shall consider and decide the same in accordance with law within a period of next six weeks considering Versus Counsel for Petitioner(s) : Vyas Narayan Shukla, Shailesh Kumari Counsel for Respondent(s) : C.S.C., Surendra Kumar Singh Awadh Pal Yadav .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Krishi Vipran And Vodesh Vyapan Anubhag-I And 3 Others .....Respondent(s) the judgment of this Court passed in the case of Krishi Utpadan Mandi Samiti (supra). It is made clear that this Court has not gone into the merits of the case. November 21, 2025 Mayank WRIA No. 10917 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench