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2025 DAILYLAW 30801 (ALL)

DR. AKHSHAYA CHANDRA MITTAL v. STATE OF U.P. AND 3 OTHERS

WRIA/3351/2025 · 2025-04-27

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65146 Court No. - 7 Case :- WRIT - A No. - 3351 of 2025 Petitioner :- Dr. Akhshaya Chandra Mittal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Mohan Asthana Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "i. Issue a writ order or direction of suitable nature, directing the respondent no.2, the Director, Higher Education, Directorate of Higher Education U.P. Prayagraj to pass an appropriate order for payment of gratuity to the petitioner alongwith interest on the arrears of gratuity amount @9% per annum from the date of superannuation till the date of its actual payment to the petitioner. ii. Issue an appropriate writ order or direction of suitable nature, directing the respondent authority to take appropriate decision for payment of gratuity and its arrears to the petitioner on the representation of the petitioner in accordance with the settled law within a period to be specified by this Hon'ble Court." 3. It is submitted by learned counsel for petitioner that the claim of petitioner for gratuity along with interest is pending consideration before respondent no.2, however, no order has been passed. Learned counsel for petitioner submits that present matter is covered by the judgment of this Court passed in Writ-A No.5724 of 2024 (University College Ret. Teachers Welfare Asso. Lko. Thru. Its President Dr. S.S. Chauhan and another Vs. State of U.P. Thru. Prin. Secy. Deptt. Of Higher Education U.P. Lko. and others). 4. In view of aforesaid, let the claim of petitioner be decided by respondent no.1 within a period of two months from the date of production of a certified copy of the order after giving an opportunity of hearing to petitioner. Respondent no.1 while passing the order would consider the law laid down by this Court in Writ-A No.5724 of 2024 (University College Ret. Teachers Welfare Asso. Lko. Thru. Its President Dr. S.S. Chauhan and another Vs. State of U.P. Thru. Prin. Secy. Deptt. Of Higher Education U.P. Lko. and others). . 5. With the aforesaid observation/direction, the writ petition stands disposed of. Order Date :- 28.4.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad