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2025 DAILYLAW 62840 (ALL)

RAM KISHOR VERMA v. STATE OF U.P. AND 2 OTHERS

WRIA/7390/2025 · 2025-05-25

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88744 Court No. - 6 Case :- WRIT - A No. - 7390 of 2025 Petitioner :- Ram Kishor Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Panchu Ram Maurya,Shashank Maurya Counsel for Respondent :- C.S.C.,Rajesh Khare Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Pushpendra Prajapati holding brief of Sri Panchu Ram Maurya, learned counsel for the petitioner and Sri Prakahar Srivastava, holding brief of Sri Rajesh Khare learned counsel for respondent nos 2 and 3. 2. This is the second round of litigation. 3. Petitioner has earlier approached this Court in the year 2022 by way of filing a Writ Petition No. 16550 of 2022, Neutral Citation No.2022:AHC:171906 with a claim that her wife an Assistant Teacher who died on 11.5.2017, however, gratuity due was not paid. 4. Learned counsel for the petitioner had placed reliance on a judgment in Writ Petition No.17399 of 2019, (Usha Rani Vs. State of U.P. & Ors) decided on 7.11.2019. 5. Aforesaid Writ Petition was disposed of vide order dated 17.10.2022, with a direction to decide his representation. 6. Learned counsel for the petitioner fairly submitted that within a short period of four months on 20.2.2023 gratuity amount was paid along with interest of 3 months and 21 days i.e. from the date when the Court has passed the order till gratuity was paid. 7. Learned counsel for the petitioner further submitted that interest on the gratuity ought to have been calculated from the date when his wife died i.e. on 11.5.2017. 8. Learned counsel for the respondents has opposed the aforesaid submissions. 9. As referred above, issue in regard to payment of gratuity was crystallised in the judgment passed in Usha Usha Rani (supra) in the year 2019. However, petitioner has not taken any steps and has approached this Court in the year 2022 and within a short period, writ petition was disposed of and thereafter within a period of 3 and half months, gratuity was paid along with interest, therefore, there is no default on behalf of respondents. 10. Petitioner has already been paid gratuity along with interest of 3 months and 21 days, therefore, there is no legal basis of grievance to claim interest on gratuity since death of his wife. 11. Writ petition is accordingly dismissed. Order Date :- 26.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad