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2025 DAILYLAW 200369 (ALL)

OM PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. KRISHI VIPRAN AND VIDESH VYAPAR ANUBHAG I LKO AND 2 OTHERS

/12038/2025 · 2025-10-13

Shree Prakash Singh

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12038 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Dr. V.K.Singh, Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite parties no. 2 & 3 and the same is taken on record. Heard learned counsel for the petitioner, learned Standing Counsel for the State, Dr. V.K. Singh, learned counsel for the opposite parties no. 2 & 3 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 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 1972, and in the light of the order of Hon'ble High Court of Judicature at Allahabad, in Writ No. 24841 of 2016 (Krishi Utpadan Mandi & Others v. State of U.P. & Others) 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." After arguing at some length, 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 Versus Counsel for Petitioner(s) : Akhilesh Pratap Singh, Kushagra Kanodia Counsel for Respondent(s) : C.S.C., Surendra Kumar Singh Om Prakash .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Krishi Vipran And Videsh Vyapar Anubhag I Lko And 2 Others .....Respondent(s) move a fresh representation before the opposite party no. 2 and the opposite party no. 2 may be directed to consider and decide the same within a stipulated period of time, as may be fixed by this court. Learned counsels 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/Director,Rajya Krishi Utpadan Mandi Parishad, Utttar Pradesh, Gomti Nagar,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 within further period of two months, in accordance with law. With the aforesaid observations, the writ petition is hereby disposed of. October 13, 2025 AKS WRIA No. 12038 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench