Ved Prakash Mishra v. State of U.P. and 2 Others

Court No. - 36 Case :- WRIT - A No. - 15220 of 2023 Petitioner :- Ved Prakash Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- C.S.C.,Akhilesh Kumar Sharma Hon'ble Manjive Shukla,J.

¶1Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondent No. 1 as well as Sri Akhilesh Kumar Sharma, learned counsel appearing for the Respondents No. 2 & 3.

¶2Petitioner has filed this writ petition inter-alia praying therein for a direction from this court commanding the respondents to pay interest on the delayed payment of death-cum-retirement gratuity to the petitioner.

¶3Father of the petitioner while working on the post of Assistant Teacher died and thereafter petitioner raised claim for payment of death-cum-retirement gratuity. Petitioner also filed Writ-A No. 16104 of 2022 which was finally disposed of by this court vide order dated 11.10.2022, whereby direction was issued to the District Basic Education Officer, Varanasi to consider and decide the representation of the petitioner in the light of judgment of this court rendered in Writ-A No. 17399 of 2019 (Usha Rani Vs. State of U.P. and 6 others).

¶4Learned counsel appearing for the petitioner has argued that in compliance of this court's order dated 11.10.2022 passed in Writ-A No. 16104 of 2022, petitioner has been paid amount of gratuity but no decision has been taken regarding payment of interest over the delayed payment.

¶5Learned counsel appearing for the petitioner has also invited attention of this court towards the representation submitted by the petitioner for payment of interest over the delayed payment of death-cum-retirement gratuity.

¶6On the other hand, Sri Akhilesh Kumar Sharma, learned counsel appearing for the Respondents No. 2 & 3 has very fairly submitted that once the petitioner has already raised his claim for interest over the delayed payment of death-cum-retirement gratuity amount, the same can be looked into and decided by the Respondent No. 3.

¶7In view of the aforesaid submissions made by the learned counsels appearing for the parties, this writ petition is finally disposed of with liberty to the petitioner to file a fresh representation before the District Basic Education Officer, Varanasi within a period of three weeks from today and if such representation is filed, the District Basic Education Officer, Varanasi is directed to consider and decide the said representation by passing speaking and reasoned order within two months thereafter. Order Date :- 18.10.2023 n.u. High Court of Judicature at Allahabad