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2025 DAILYLAW 65098 (ALL)

ABID UMAR KHAN AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIA/8167/2025 · 2025-08-20

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143964 Court No. - 52 Case :- WRIT - A No. - 8167 of 2025 Petitioner :- Abid Umar Khan And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Namit Srivastava,Parul Srivastava Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Sri Namit Srivastava, learned counsel for the petitioners, learned Standing Counsel for the Sate respondent nos. 1 & 2, and Sri Shivendra Singh Bhadauriya, learned counsel who has put in appearance on behalf of respondent nos. 3, 4 & 5. Rejoinder Affidavit, filed today, is taken on record. 2. The petitioners have preferred instant writ petition for the following reliefs: i) issue a writ, order or direction in the nature of Mandamus directing the respondents to calculate amount of Death Gratuity on the basis of total length of service i.e. from the date of joining 16.02.1993 and last pay received by deceased with interest @ 24%. ii) issue a writ, order or direction in the nature of Mandamus directing the respondents to release amount of Link Insurance of Rs. 7 Lakhu and Group Insurance of Rs. 2 Lakh which has illegally been withheld by respondents, along with 24% interest. Iii) issue a writ, order or direction in the nature of Mandamus directing the respondents to release amount of earned leave of 311 days which has illegally been withheld by respondents, along with 24% interest. 3. Objecting to paragraph-9 of the short counter affidavit, in which it has been averred that the petitioners are not entitled for the interest at the rate of 10% on GPF balance, Group Insurance Payment of Rs. 2 lakh instead of admissible Rs. 1 lakh and payment of earned leave encashment and link insurance. Learned counsel for the petitioners has averred in his rejoinder affidavit that it has been settled in the case of Shiv Patti Devi v. State of U.P., Writ-A No. 12073 of 2019, decided on 26.09.2019, that the interest is necessary corollary of withheld amount and for any delay in payment of GPF amount due to a government servant, he/she would be entitled to interest. Said writ petition was allowed with a direction that it would be open for the respondents to conduct an enquiry and determine the responsibility of the person who may have been responsible for causing delay in payment of interest and recover the amount from such guilty person, in accordance with law. 4. Having perused the aforementioned facts, as narrated in the short counter affidavit and rejoinder affidavit, this Court finds that substantial compliance of the order has been done. However, if the petitioners are aggrieved by the fact that 10% interest on GPF balance is not being given, payment of group insurance scheme, earned leave encashment, link insurance, to which they are entitled, has not been made, they shall move separate representations before the concerned authority within three weeks from today, which shall be considered by the authority within four weeks thereafter. 5. The writ petition is, accordingly, disposed of. 6. No order as to costs. Order Date :- 21.8.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad