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2025 DAILYLAW 196438 (ALL)

CHANDRAMOHAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. KRISHI VIPRAN AND VIDESH VYAPAR ANUBHAG-1 U.P. LKO. AND 2 OTHERS

WRIA/11985/2025 · 2025-10-10

Shree Prakash Singh

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11985 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Sri Surendra Kumar Singh, learned counsel for the respondent nos. 2 & 3 and learned counsel for the State and perused the material on record. Instant petition has been filed with the following main prayers:- "i. Issue a writ, order, or direction in the nature of Mandamus, commanding the Respondents' particularly Respondent No.2, to forthwith re-compute and release to the Petitioner the full and correct amount of gratuity, strictly in accordance with the provisions of the Payment of Gratuity Act, 1972, and in light of the judgement of the Hon'ble High Court of Judicature at Allahabad in Writ No.24841 of 2016 (Krishi Utpadan Mandi Samiti & others Vs. State of U.P. & others), by duly reckoning the petitioner's entire period of continuous service from the date of his initial appointment until the date of superannuation; ii. Issue a further writ, order or direction in the nature of Mandamus, commanding the respondents to pay to the petitioner statutory interest on the wrongfully withheld /delayed gratuity strictly in accordance with Section 7(3A) of the Act, i.e., from the date on which the gratuity became due and payable until the date of its actual realization." Learned counsel for the petitioner, after argument at length, submits that the interest of justice would be subserved if this Hon'ble Court may be pleased Versus Counsel for Petitioner(s) : Akhilesh Pratap Singh, Kushagra Kanodia Counsel for Respondent(s) : C.S.C., Anagh Shukla Chandramohan Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Krishi Vipran And Videsh Vyapar Anubhag-1 U.P. Lko. And 2 Others .....Respondent(s) to direct the respondent no.2/Director, Rajya Krishi Utpadan Mandi Parishad, Uttar Pradesh to consider and decide the representation of the petitioner dated 28.8.2025 pending consideration within stipulated period of time as may be fixed by this Court. Learned counsel for the State has no objection to the submission aforesaid. Be that as it may, without entering into merits of the case, the respondent no.2/Director, Rajya Krishi Utpadan Mandi Parishad, Uttar Pradesh is directed to decide the representation dated 28.8.2025 within a period of two month from the date of production of certified copy of this order before him. With the aforesaid observations, the writ petition is disposed of. October 10, 2025 Ram Murti WRIA No. 11985 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench