Neutral Citation No. - 2025:AHC:37846 Court No. - 6 Case :- WRIT - A No. - 3255 of 2025 Petitioner :- Savitri Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Bind Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Anil Kumar Bind, learned counsel for petitioner and Sri Kaushlesh Pratap Singh, learned counsel for respondents. 2. Petitioner was a fence-sitter. Earlier she approached this Court in the year 2020 by way of filing Writ A No. 10539 of 2020 wherein the Court vide order dated 21.01.2021 directed the State- respondents to decide representation filed by petitioner for payment of amount of gratuity. Thereafter, petitioner filed a claim for payment of amount of gratuity and concerned respondents had accepted the claim of petitioner and paid Rs. 2,46,126/- as amount of gratuity. Thereafter, interest of Rs. 8368/- was also paid. 3. Learned counsel for petitioner submits that thereafter petitioner moved an application for paying interest @ 18%, however, said application was not considered, therefore, she filed a Writ A No. 10985 of 2023 with a prayer to pay interest @ 18% of total amount of gratuity and this Court vide order dated 23.08.2024 disposed of said writ petition with a direction to respondent-4 to pass appropriate order in accordance with law preferably within a period of 2 months. Thereafter, petitioner moved another application on 24.09.2024 which was rejected by State-respondent by impugned order dated 30.10.2024. 4. Learned counsel further submits that calculation of factor of interest was not correct and instead of granting interest from date of death of her husband till actual payment, interest of only 3 months was paid at a very minimum interest rate i.e. about 3.4%. He further submits that detail of calculation of interest is also not mentioned in impugned order. 5. Learned counsel for respondents submits that calculation of component of interest was correct. 6. I have considered above submissions. The only issue before this Court is of interest. As referred above, petitioner was not vigil towards her claim, if any, and she has approached this Court in the year 2020 and after an order dated 21.01.2021 was passed, gratuity was paid on 10.08.2022. So far as interest is concerned, prayer to grant it w.e.f. date of death of her husband has no legal basis since petitioner was a fence-sitter. So far as calculation of Rs. 8368/- towards interest is concerned, from impugned order, it is not clear as to how said calculation was made. Otherwise also, petitioner is entitled for interest over gratuity amount @ 8%. 7. In aforesaid circumstances, Court is of considered opinion that petitioner is entitled for interest after expiry of 3 months from 21.01.2021 when this Court had directed to consider her claim and till the amount of gratuity was paid on 10.08.2022 at the rate of 8% per annum for such period since no explanation was provided by the State respondent for such delay in payment of gratuity. 8. In view of above, this writ petition is disposed of with an observation that component of interest shall be recalculated from 21.04.2021 to 10.08.2022 at the rate of 8% per annum and shall be paid to petitioner in accordance with law expeditiously after taking note of amount already paid towards interest. Order Date :- 18.3.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad