Kiran Devi v. State of U.P Thru. Its Prin. Secy Home Deptt Civil Sectt Lko and Another

Court No. - 8 Case :- WRIT - A No. - 3809 of 2023 Petitioner :- Kiran Devi Respondent :- State Of U.P Thru. Its Prin. Secy Home Deptt Civil Sectt Lko And Another Counsel for Petitioner :- Dharmendra Kumar Misra Counsel for Respondent :- C.S.C. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Shri Dharmendra Kumar Misra, learned counsel for petitioner and Shri Vikash Singh, learned Standing Counsel appearing for the State-respondents.

¶2The present petition under Article 226 of the Constitution of India has been filed seeking following reliefs:- "i. issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties to decide the representation dated 10.11.2022 regarding payment of 18% interest on the ex gratia amount (Anugrah Rashi) of Rs. 10 lacs by the opposite party no.1 (Annexure No.5). ii... iii..."

¶3The petitioner's husband, namely-Shiv Sahay was employed as Head Constable in Civil Police was on official duty in Panchayat elections and he died on 12.12.2015.

¶4The petitioner had earlier approached this Court by filing writ petition being Writ Petition No.24414 (S/S) of 2017 (Kiran Devi vs. State of U.P. and Others) impugning the order dated 18.08.2017 by which the claim of the petitioner for granting her ex gratia amount on death of her husband was rejected. The petitioner in the said writ petition not only prayed for ex gratia amount but also prayed for interest on the ex gratia amount. The said writ petition was finally decided on 09.12.2020. This Court directed the State Government to pay the ex gratia amount of Rs.10,00,000/- to the petitioner within a period of two months from the date of production of certified copy of that order. However, no direction was issued for making payment of interest on the ex gratia amount of Rs.10,00,000/-.

¶5Admittedly, the petitioner was paid Rs.10,00,000/- as ex gratia amount. As this Court did not give any direction in its judgment and order dated 09.12.2020 for giving any interest on the ex gratia amount despite the prayer, State has not paid any interest.

¶6This is the second writ petition filed by the petitioner claiming interest on the ex gratia amount. This Court finds that the prayer for interest on the ex gratia amount is not maintainable, in view of the fact that this Court vide judgment and order dated 09.12.2020 did not grant any interest on the ex gratia amount and only Rs.10,00,000/- was paid to the petitioner as ex gratia amount in compliance of the said judgment and order dated 09.12.2020.

¶7Considering the facts and submissions made on behalf of the parties, I find no substance in the present petition inasmuch as the prayer in the present petition for interest on ex gratia amount is barred by principle of res judicata.

¶8In view thereof, the present petition is hereby dismissed. (Dinesh Kumar Singh, J.) Order Date :- 22.5.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench