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2025 DAILYLAW 61851 (ALL)

SMT. KAMAR JAHAN SIDDIQUI v. STATE OF U.P. AND 2 OTHERS

WRIA/7336/2025 · 2025-05-22

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87528 Court No. - 6 Case :- WRIT - A No. - 7336 of 2025 Petitioner :- Smt. Kamar Jahan Siddiqui Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjeev Singh,Shaikh Mohd Mujib Ur Rahman Counsel for Respondent :- C.S.C.,Nagendra Kumar Pandey Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ram Pyare, advocate holding brief of Sri Sanjeev Singh, learned counsel for petitioner and Sri N.K. Pandey, learned counsel for respondents. 2. Petitioner remained lethargic towards her right of payment of gratuity due to death of her husband way back on 10.08.2004 and she waited till some orders passed by this Court in regard to payment of gratuity and submitted an application in September, 2023 i.e. after 19 years and formalities were completed on 21.12.2023 by submitting 'No Dues Certificate'. Admittedly gratuity was paid on 28.08.2024 i.e. within 8 months of application. 3. Learned counsel for petitioner refers a judgment passed by this Court in regard to payment of interest on delay in payment of gratuity, however, as referred above, facts of present case are different. 4. In aforesaid circumstances, this writ petition is disposed of with an observation that since petitioner was granted gratuity within 8 months after all formalities were satisfied and affording 3 months' period for State to clear the dues, and since still there is a delay of about 6 months in payment, therefore, it is observed that interest will be paid only for a period of 6 months at the rate of 6%. Order Date :- 23.5.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad