Hari Om Dutt Sharma v. State of U.P. Thru. Prin. Secy. Dairy Development Lucknow and 2 Others

Court No. - 9 Case :- WRIT - A No. - 9261 of 2023 Petitioner :- Hari Om Dutt Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development Lucknow And 2 Others Counsel for Petitioner :- Pradeep Kumar Tripathi Counsel for Respondent :- C.S.C.,Shanker Lal Hon'ble Rajan Roy,J. In para 10 of the writ petition, the petitioner has averred as under:- "10. That respondent has paid balance withhold gratuity along with interest to the petitioner in deference to the order dated 10.5.2023 but has not paid interest on delayed payment of Gratuity of Rs.-3.5 Lakh which was paid on 14.01.2019, Rs.-107323/- which was paid on 12.12.2019 and a sum of Rs.-107323/- which was paid on 21.07.2020 admittedly beyond due date." This is his grievance. Hence this petition seeking interest on delayed payment of gratuity with effect from 30 days of retirement (31.07.2018) till actual payment to the petitioner i.e.

14.01.2019 in view of Section 7 (3-A) of Payment of Gratuity Act, 1972. According to the petitioner's counsel by the order dated

14.09.2023, this amount has not been paid. Let the competent authority look into the matter, verify the facts and the entitlement of the petitioner as claimed and take a decision in this regard within six weeks. With the aforesaid observations, the writ petition is disposed of. Consequences shall follow accordingly, meaning thereby, if the petitioner is found entitled to payment of any amount as claimed, the same shall be paid to him within one month of such decision. Order Date :- 4.12.2023 Gurpreet Singh High Court of Judicature at Allahabad, Lucknow Bench