DHARMENDRA SINGH SATYARTHI v. STATE OF U.P. AND 3 OTHERS
WRIA/531/2025 · 2025-01-19
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8320 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8320 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:8937 Court No. - 7 Case :- WRIT - A No. - 531 of 2025 Petitioner :- Dharmendra Singh Satyarthi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhanu Pratap Singh Counsel for Respondent :- C.S.C.,Shad Khan Hon'ble Prakash Padia,J.
1. Heard Sri Bhanu Pratap Singh, learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent no.1 and Sri Shad Khan, learned counsel has accepted notice on behalf of respondent nos. 2, 3 & 4.
2. The petitioner has preferred present writ petition inter-alia with the following prayers :-
"I. Issue a writ, order or direction in the nature of mandamus commanding / directing the respondent no.3 to decide 1st representation dated 15.04.2024 pending before him (Annexure No. 5 to the writ petition). II. Issue a writ, order or direction in the nature of mandamus commanding / directing the respondent no. 2 & 4 to make the complete amount of gratuity in favour of the petitioner alongwith compound interest on total amount of gratuity on delay payment either at the rate 18% per annum as held by the Hon'ble Apex Court in the case of State vs. Usha Rani or at the rate and within the time as stipulated by this Hon'ble Court in the light of judgment dated 15.05.2024 passed in case of Smt. Tanuja vs. State since the date of petitioner's retirement i.e. 31.03.2024 till the date of payment actual disbursement of total amount of gratuity alongwith its interest."
3. Facts in brief as contained in the present writ petition are that the petitioner while working on the post of Assistant Teacher in Parishadiya Primary School in District Mainpuri submitted in application for his voluntary retirement, the same was duly accepted by the District Basic Education Officer/respondent no. 3 vide order dated
31.03.2024. Subsequent to the same, the petitioner submitted an application before the respondent no. 3 on 15.04.2024 for payment of gratuity in his favour.
4. It is argued by learned counsel for petitioner that the gratuity has not been paid to the petitioner only on account of the reason that the petitioner has taken voluntary
retirement. Counsel for the petitioner placed reliance upon paragraph-7 of the
judgment and order dated 07.05.2024 passed by this Court in the Case of Sehrun Nisha Vs. State of U.P. and others (Writ-A No. 6402 of 2024) as well as judgement and order dated 15.05.2024 passed by this Court in the case of Smt. Tanuja Vs. State of U.P. and 3 others (Writ-A No. 6269 of 2024). It is further argued that petitioner is not only entitled for gratuity but also entitled for interest on delayed payment of gratuity. Counsel for the petitioner also placed reliance upon
order dated 07.11.2019 passed in Writ Petition No.17399 of 2019 (Usha Rani vs. State of U.P. and others).
5. Heard counsel for the parties and perused the record.
6. In the facts and circumstances of the case and with the consent of learned counsel for the parties, the present petition is disposed of directing the petitioner to file a representation ventilating all his grievances before the respondent no.3 along with certified copy of this order within six weeks from today. In case, such a representation is filed within the aforesaid period, the respondent no. 3-District Basic Education Officer, Kasganj will take a decision in the matter most expeditiously and preferably within a period of six weeks.
7. Needless to say that respondent no.3 will take a decision strictly in accordance with law.
Order Date :- 20.1.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad