Court No. - 16
Case :- WRIT - A No. - 17966 of 2018 Petitioner :- Krishna Kumar Kushwaha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadh Behari Singh Counsel for Respondent :- C.S.C.,Manish Singh
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner and Shri A.B.Singh, learned counsel on behalf of the respondents.
It appears that the petitioner retired as Junior Clerk on 31.01.2018 from the service of respondent no. 4. His Gratuity has not been paid. He has also made a representation in this regard to the respondent no. 2, a copy of which has been filed as Annexure-6 to the writ petition.
The petitioner is seeking a direction to the respondents to provide Gratuity in terms of the judgment of this Court in Special Appeal (D) No. 417 of 2018 dated 19.07.2018 (State of U.P. vs. Vijay Pratap Mishra) and a notification issued by the Government dated 06.09.1997.
According to the petitioner an identical controversy has already been decided by a Division Bench of this Court in Special Appeal Defective No. 456 of 2015 (State of U.P. and another Vs. Yogendra Nath Singh) vide its judgment dated 07.07.2015. The judgement of the Division Bench has been followed by a learned Single Judge of this Court in a bunch of writ petitions being Writ A No. 678 of 2018 (Bhaskar Bhattacharya Vs. State of U.P. and Others) and other connected writ petitions in which it has been held that the petitioners therein are entitled for payment of gratuity in terms of the direction given by the Division Bench in Special Appeal Defective No. 456 of 2015, Yogendra Nath Singh (supra). Mandamus to that effect has been issued.
Learned Standing Counsel could not dispute the legal position settled in Special Appeal Defective No. 456 of 2015, Yogendra Nath Singh (supra) and in Writ A No. 678 of 2018, Bhaskar Bhattacharya (supra).
This writ petition is, therefore, also disposed of with the consent of the learned counsel for the parties with a direction to the respondent no. 2, Commissioner, Gram Vikas U.P. Lucknow, to consider the claim of the petitioner for payment of Gratuity with arrears in the light of the judgment of the Division Bench of this Court in Special Appeal Defective No. 456 of 2015, Yogendra Nath Singh (supra) decided on 07.07.2015 as well as the judgement of the learned Single Judge of this Court dated 06.04.2018 passed in Writ A No. 678 of 2018, Bhaskar Bhattacharya (supra) and other connected writ petitions affirmed by the Division Bench of this Court in Special Appeal (D) No. 417 of 2018 dated 19.07.2018 (State of U.P. vs. Vijay Pratap Mishra) and whatever amount is due to the petitioner shall be paid to him within a period of two months from the date of certified copy of this order is received in his office.
Order Date :- 24.8.2018 VR