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Neutral Citation No. - 2025:AHC:105814 Court No. - 5 Case :- WRIT - A No. - 8859 of 2025 Petitioner :- Sita Ram Chauhan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- R.K. Mishra Counsel for Respondent :- C.S.C.,Nipun Singh Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Shri R.K. Mishra, learned counsel for the petitioner, Shri Ravi Anand Agarwal, learned counsel for respondents and perused the record.
2. The petitioner got retired on 28.02.2018, however, thereafter he suffers which a departmental inquiry and finally in pursuance of an order dated 24.06.2022, it was dropped by an order dated 22.07.2022.
3. Learned counsel for the petitioner submits that that despite aforesaid order, his retiral dues/gratuity was not paid, therefore, he approached this Court by way of filing a Writ Petition No.9278 of 2023 (Sita Ram Chauhan v. State of U.P. and 4 others) which was disposed of with the direction to consider the claim of payment of gratuity by an order dated
31.05.2023.
4. After the contempt petition was filed, finally the gratuity payment was paid on 21.12.2023, however, the petitioner still remain aggrieved that no interest was paid on delay payment of gratuity and for that he file a representation before the concerned respondent and when it was not decided, reminders
were also filed but still not decided, therefore, the petitioner has approached this Court by way of filing the present writ petition.
5. Learned counsel for the petitioner refers documents annexed along with the writ petition in support of the prayer made in this writ petition.
6. Learned counsel for the respondents fairly submits that representation of the petitioner so far as grievance of a payment of interest on delay payment of gratuity is concerned will be considered in accordance with law.
7. In the aforesaid circumstances, on basis of the statements made herein-above, it appears that the claim of the petitioner was crystallized after the inquiry was dropped and, thereafter, by an order dated 31.05.2023, however, still there was a delay of payment of gratuity of about seven months, therefore, this writ petition is disposed of with the observation and direction that the interest on the delay at least from the order dated 31.05.2023 till actual payment shall be paid at the rate of 6%. Order Date :- 7.7.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad