Meena Srivastava v. State of U.P. Thru. Secy. Deptt. of Basic Education Lko and 3 Others

Court No. - 7 Case :- WRIT - A No. - 9896 of 2023 Petitioner :- Meena Srivastava Respondent :- State Of U.P. Thru. Secy. Deptt. Of Basic Education Lko And 3 Others Counsel for Petitioner :- Amit Kumar Awasthi Counsel for Respondent :- C.S.C.,Prashant Kumar Singh Hon'ble Abdul Moin,J.

¶1Heard learned counsel for the petitioner, learned Standing counsel appearing for the respondent nos.1 & 2 and Shri Prashant Kumar Singh, learned counsel appearing for the respondent nos.3 & 4.

¶2The present petition has been filed by the petitioner claiming interest on delay in payment of the gratuity.

¶3Submission of learned counsel for the petitioner is that the petitioner died in the year 2016 whereas the gratuity was paid on 20.09.2022 as detailed in Para - 11 of the writ petition.

¶4Considering 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 off directing respondents to ensure payment of interest at the rate of 7% per annum on the amount of delay in payment of gratuity.

¶5The amount of interest shall be paid from the date of death till the actual payment as indicated in Para - 11 of the writ petition.

¶6The interest as directed to be awarded herein above, shall be paid to the petitioner positively within a period of four months from the date of production of a certified copy of this order.

¶7The writ petition is disposed of in above terms. Order Date :- 21.12.2023 S. Shivhare High Court of Judicature at Allahabad, Lucknow Bench