Arvind Kumar and 3 Others v. State of U.P. Thru. Secy. Deptt. Basic Education, U.P. Lucknow and 4 Others

Court No. - 7 Case :- WRIT - A No. - 8218 of 2023 Petitioner :- Arvind Kumar And 3 Others Respondent :- State Of U.P. Thru. Secy. Deptt. Basic Education, U.P. Lucknow And 4 Others Counsel for Petitioner :- Ramesh Chandra Counsel for Respondent :- C.S.C.,Rishabh Tripathi Hon'ble Abdul Moin,J.

¶1Present petition has been filed by the petitioners claiming interest on delay in payment of the gratuity.

¶2Submission of learned counsel for the petitioners is that the petitioner's father died in the year 2011 whereas the gratuity was paid in the month of August, 2023 as detailed in Para - 9 of the writ petition.

¶3Considering the fact that on payment of gratuity, the statutory interest is prescribed under Section 7(3A) of the Payment of Gratuity Act, the present petition is disposed of directing respondents to ensure payment of interest at the rate of 7% per annum on the amount of delay in payment of gratuity.

¶4The amount of interest shall be paid from the date of death till the actual payment as indicated in Para - 9 of the writ petition.

¶5The interest as directed to be awarded herein above, shall be paid to the petitioners positively within a period of four months from the date of production of a certified copy of this order.

¶6The writ petition is disposed of in above terms.

¶7This order has been passed in the presence of learned Standing Counsel appearing for the respondents no. 1 to 3 and Sri Rishabh Tripathi, learned counsel appearing for the respondents no. 4 and 5. Order Date :- 19.10.2023 J.K. Dinkar High Court of Judicature at Allahabad, Lucknow Bench