HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12983 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Mr. Rajesh Kumar, learned counsel has filed vakalatnama on behalf of the respondent nos. 2 & 3, which is taken on record. Heard learned counsel for the petitioner, learned counsel for the State and Mr. Rajesh Kumar, learned counsel for the respondent nos. 2 & 3. Instant petition has been filed seeking following reliefs:- "i. Issue a writ, order or direction in the nature of Mandamus, commanding the Respondents, in particular Respondent No. 2, to forthwith re-compute and release to the Petitioner the full and correct amount of gratuity strictly in terms of the Payment of Gratuity Act, 1972, by duly taking into account his entire period of continuous service commencing from the date of his initial appointment up to 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 respondent Mandi Parishad submits that payment of gratuity Act, 1972 is not applicable to the services of the petitioner and rather the Government Order dated 22.6.1987 would attract regarding payment of gratuity. He submits that the petitioner has prayed for payment of gratuity as per the provisions of the payment of Gratuity Act, 1972. Learned counsel for the petitioner submits that any change in the provisions Versus Counsel for Petitioner(s) : Akhilesh Pratap Singh, Kushagra Kanodia Counsel for Respondent(s) : C.S.C., Rajesh Kumar, Surendra Kumar Singh Ambrish Kumar Tiwari .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Krishi Vipran Videsh Vyapar Anubhag-1, Lko. And 2 Others .....Respondent(s) at the level of Mandi Parishad would be subject to Section 5 of Payment of Gratuity Act 1972 and, therefore, in this view of the matter, the Government Order dated 22.6.1987 is redundant. After the aforesaid arguments, learned counsel for the petitioner submits that interest of justice would be subserved, if this Hon'ble Court may be given liberty to the petitioner to move an application before the respondent no.2/ Director (Admn./Marketing), Rajya Krishi Utpadan Mandi Parisahd, while claiming payment of gratuity under the applicable laws and the respondent no.2 is directed to consider and decide the same within time fixed. Learned counsel for the respondent Mandi Parishad has no objection to the submission aforesaid. Be that as it may, without entering into merits of the case, the petitioner is given liberty to make a fresh representation while claiming of payment of gratuity under the relevant laws, within 15 days and in case such representation is made, the respondent no.2, Director (Admn./Marketing), Rajya Krishi Utpadan Mandi Parisahd is directed to consider and decide the same, 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. November 10, 2025 Ram Murti WRIA No. 12983 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench