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2025 DAILYLAW 31914 (ALL)

SMT. KUSUMA v. STATE OF U.P. AND 3 OTHERS

WRIA/14449/2018 · 2025-04-28

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66104 Court No. - 5 Case :- WRIT - A No. - 14449 of 2018 Petitioner :- Smt. Kusuma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Srivastava Counsel for Respondent :- C.S.C.,Pranjal Mehrotra,Usha Kiran Hon'ble Ajay Bhanot,J. Heard Shri Sunil Kumar Srivastava, learned counsel for the petitioner, Ms. Usha Kiran, learned counsel for the respondent nos. 2-4 and learned Standing Counsel for the State. The husband of the petitioner died on 25.03.2014. The gratuity amount was paid to the petitioner on 04.10.2017. The petitioner claims interest for delayed payment of gratuity. According to the respondents the petitioner herself is liable for the delay. The writ petition does not disclose any date on which the application along with supporting documents if any was made by the petitioner before the competent authority for payment of gratuity. To the contrary, the counter affidavit clearly asserts that the failure of the petitioner to comply with the necessary procedures for processing her claim for gratuity. According to the counter affidavit, the petitioner sent a letter dated 11.05.2017 with necessary documents for payment of gratuity. The application was promptly processed and the amounts were paid to the petitioner on 12.06.2017. The aforesaid pleadings have not been disputed in the rejoinder affidavit. In this wake the respondent department cannot be faulted for the delay in payment of gratuity. The petitioner is not entitled to interest. The writ petition is accordingly dismissed. Order Date :- 29.4.2025 Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad