Chakrapal Singh v. State of U.P. Thru. Addl. Chief Secy. Urban Development Deptt., Civil Sectt., Lko. and 3 Others

Court No. - 19 Case :- WRIT - A No. - 9332 of 2023 Petitioner :- Chakrapal Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Urban Development Deptt., Civil Sectt., Lko. And 3 Others Counsel for Petitioner :- Ajay Sharma Counsel for Respondent :- C.S.C.,Sriniwas Bajpai Hon'ble Jaspreet Singh,J.

¶1Heard the counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1 & 2 and Sri Sriniwas Bajpai, learned counsel for the respondents no. 3 & 4.

¶2With the consent of learned counsel for the parties, the writ petition is being finally decided.

¶3Instant writ petition has been filed praying for the following main reliefs:- "1-Issue a writ, order or direction in the nature of mandamus commanding to the opposite party no. 4/Executive Officer, Nagar Palika Parisad, Sitapur to expeditiously make payment of Gratuity (Rs.6,08,146/-), amount of Leave Encashment, arrears of pension (37 months), Bonus and arrears of enchanted D.A along (total amount of Rs.16,37,503/-) with interest @ 8 % up to the actual date of payment to the petitioner."

¶4Sri Sriniwas Bajpai, learned counsel appearing on behalf of the respondents no.3 and 4 fairly states that on account of paucity of funds, the dues have not been paid which shall be paid positively within a period of six months from today. It is further argued that part payment of the 1/4 of the total dues shall be paid to the petitioner within a period of three months and the balance shall be paid within a period of six months.

¶5In view of the fairness of the counsel for respondents no.3 and 4, it is directed that one-fourth of the total outstanding amount to which the petitioner is entitled shall be paid by the respondents within a period of three months from today and the balance shall be paid within a period of six months. In case the amount is not paid within the time as granted, the respondents no.3 and 4 would be liable to pay interest @ 7% per annum from the date when the amount fell due till actual payment/realization.

¶6With the said observations, the writ petition stands disposed off. Order Date :- 7.12.2023 Rakesh/- High Court of Judicature at Allahabad, Lucknow Bench