NANDLAL PRASAD SRIVASTAVA v. STATE OF U.P. AND 2 OTHERS
WRIA/4601/2025 · 2025-04-10
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40394 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40394 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:53586 Court No. - 4 Case :- WRIT - A No. - 4601 of 2025 Petitioner :- Nandlal Prasad Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nitin Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of Constitution of India, the petitioner prays for a direction to the respondents to consider his claim for interest upon delayed payment of General Provident Fund amount. 3. Learned Additional Chief Standing Counsel has drawn the attention of the Court to the order dated 10.11.2021 passed in Writ A No.10450 of 2021 in which a direction was issued to the Chief Medical Officer to release 90 per cent GPF amount within 10 days. It was further directed that if the said payment is delayed, the petitioner shall be entitled to interest @ 10 per cent from the due date till the actual payment is made. He further submits that since the amount has been received by the petitioner on 18.11.2021 pursuant to the order dated 10.11.2021, petitioner would not be entitled to any interest in view of the order passed in Writ A No.10450 of 2021. 4. Meeting the objections raised by learned Additional Chief Standing Counsel, learned counsel for the petitioner submits that since the payment of G.P.F. has been delayed for more than 5 years, the petitioner is entitled to interest. 5. In the considered view of the Court, if the petitioner is entitled to interest for such delayed payment statutorily that is always available to him but if he wants any additional interest or compound
interest upon such delayed payment, then the proper course for the petitioner could be to either apply for review of the order of this court dated 10.11.2021 passed in Writ A No.10450 of 2021 or in the event there was any non-compliance of the direction of this Court in its letter spirit passed in said writ petition, he can question the same by means of contempt petition. 6. No relief as such can be granted now by this Court as a Co-ordinate Bench of this Court cannot sit in appeal over and above the directions issued by another Co-ordinate Bench. 7. Writ petition fails and is, accordingly, dismissed.
Order Date :- 11.4.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad