HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10280 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner and Mr. Sunil Sharma, learned counsel for the respondents. Present petition has been filed with the following prayers:- "i) issue a writ, order or direction in the nature of mandamus commanding respondent authorities to make payment of Gratuity payable to the petitioner in terms of provisions contained in Regulation 91 of U P Co-operative Federation Service Regulations, 1980 read with Section 4 of the Payment of Gratuity Act, 1972; as amended vide notification dated 29.03.2018. ii) issue a writ, order or direction in the nature of mandamus commanding respondent authorities to make payment of Earned Leave Encashment amount for 300 days' payable to the petitioner in terms of the provisions contained in Regulation 52 of U.P Co-operative Federation Service Regulations, 1980; together with up-to-date interest from the date of the same becoming due till the date of actual payment. iii) issue a writ, order or direction in the nature of mandamus commanding respondent authorities to make payment of interest @ 12% PA on delayed payment of Gratuity in terms of Section 7(3) of the Payment of Gratuity Act, 1972 from the date of the same becoming due, till the date of actual payment. iv) issue a writ, order or direction in the nature of mandamus commanding respondent authorities to refund of security deposited by the petitioner; together with interest thereon, in accordance with Regulation 92 of the UP Co-operative Federation Service Versus Counsel for Petitioner(s) : Shishir Chandra Counsel for Respondent(s) : Shireesh Kumar, Sunil Sharma Pramod Kumar Yadav .....Petitioner(s) U.P. Cooperative Federation Ltd. Lko. Thru. Its Managing Dir. And Another .....Respondent(s) Regulations, 1980 after the conclusion of the audit proceedings." Contention put forth by learned counsel for the petitioner is that the post retiral dues of the petitioner have been denied only on the ground that some audit objection is pending against the petitioner. He submits that the denial of the post retiral dues on the pretext of pendency of audit report is impermissible in terms of Regulation 91 of U.P. Co-operative Federation Service Regulations, 1980 (hereinafter referred to as 'the Regulations, 1980) read with Section 4(1) of the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act, 1972). It is further argued that the issue was decided by by this Court in Writ-A No.855 of 2023, Shiv Shankar Rawat Vs. Provincial Co-operative Federation U.P. Lko and another, decided on 22.2.2023 and Writ-A No.8377 of 2022, Hari Shankar Pandey Vs. Provincial Cooperative Federation of U.P. and another decided on 3.1.2023. Mr. Sunil Sharma, learned counsel for the respondents submits that there is no impediment to pay gratuity to the petitioner whereas payment of leave encashment and security amount could be paid after audit objection is redressed. Upon considering the facts and circumstances of this case, this Court finds that denial of post retiral dues is contrary to Section 4(1) of the Act 1972. So far as the security amount is concerned that can be paid with a rider that if in future some recovery is to be done, the same would be adjusted. In view of the above, present petition is hereby allowed with the direction that the amount of gratuity and leave encashment for which the petitioner is entitled shall be paid with the payable interest, in terms of mandate of Section 7(3A) of the Act 1972 read with other relevant provisions, within a period of two months from the date of production of certified copy of this order before the authority concerned. November 14, 2025 Ram Murti WRIA No. 10280 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench