Neutral Citation No. - 2025:AHC:87380-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 409 of 2022 Appellant :- U.P. Cooperative Union Ltd. Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Abhishek Mishra Counsel for Respondent :- C.S.C.,Ravi Agrawal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. This matter is taken up on a mention made on behalf of the respondents after service of notice upon counsel for the appellant. Sri Ravi Agrawal for the respondent is present, but none appears for the appellant. The order passed by the learned Single Judge on 27.4.2017 in Writ-A No. 41443 of 2016 is assailed in this appeal. The order passed by the learned Single Judge appears to be a consented order, inasmuch as, the Senior Counsel for the appellant made a statement before the Court that in case the writ petitioner foregoes his claim for interest the balance amount of gratuity shall be paid. Recital contained in the order of the learned Single Judge to this effect reads as under:- "Today, when the matter is taken up, Sri O.P. Singh, learned senior counsel assisted by Sri S.K. Rao, appearing on behalf of respondent no.2 has made statement before this Court that in case the petitioner foregoes his claim for payment of interest, the balance amount of gratuity i.e., Rs.1,17,513/- shall be paid to the petitioner. He submitted that the second respondent is facing financial crunch and therefore, reasonable time may be granted for making the payment of the said amount. Learned counsel for the petitioner accepted the proposal and stated that in case the entire balance amount of gratuity i.e., Rs.1,17,513/- is paid to the petitioner without delay, he will forego his claim for payment of interest. Having regard to the consensus arrived at between learned counsel for the parties, this writ petition is disposed of by providing that the balance amount of the gratuity amount i.e., Rs.1,17,513/- shall be paid to the petitioner within a period of two months from the date of production of certified copy of this order. In that event, the petitioner, as agreed upon before this Court, shall not claim any interest." Admittedly, the petitioner has retired in the year 2011. The balance amount of gratuity has also been deposited before the Registrar General of this Court in contempt proceedings. The special appeal has otherwise been instituted 1902 days after expiry of limitation. Considering the nature of order passed by the learned Single Judge as also the inordinate delay, we dismiss the delay condonation application filed in support of the appeal. The appeal is also dismissed. So far as the prayer of the respondents for release of the amount deposited before the Registrar General of this Court is concerned, it is always open for the writ petitioner to seek appropriate direction in the pending contempt petition. Order Date :- 22.5.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad