Smt. Kiran Devi v. State of U.P. Thru. Secy. Deptt. Basic Edu. Lko and 4 Others

Court No. - 7 Case :- WRIT - A No. - 8220 of 2023 Petitioner :- Smt. Kiran Devi Respondent :- State Of U.P. Thru. Secy. Deptt. Basic Edu. Lko 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 petitioner claiming interest on delay in payment of the gratuity.

¶2Submission of learned counsel for the petitioner is that the petitioner's husband died in the year 2018 whereas the gratuity was paid in the month of September, 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