Heard Sri Manushresth Misra, learned counsel for the petitioners, learned Additional Chief Standing counsel for the opposite party nos. 1 and 3 and Sri Pankaj Patel, learned counsel for the opposite party no.2.
There is consensus between learned counsel for the parties that this case is covered by the judgment and order dated 13.01.2021 passed in Service Single No.893 of 2021(Anil Kumar and 37 Ors. versus State of U.P. & Ors.) and the petitioners are also entitled for the benefit of the same. The order dated 13.01.2021 passed in Service Single No.893 of 2021 is reproduced below:-
"Notice on behalf of respodents no. 1 and 4 has been accepted by learned Chief Standing Counsel and on behalf of respondents no. 2 and 3, by Sri Pankaj Patel.
All the petitioners are the employees of Pradeshik Cooperative Dairy Federation Limited, Lucknow (PCDF) or the retired employees. The dispute pertains to the release of gratuity.
Learned counsel for the petitioners has submitted that in an identical situation where the dispute cropped in Writ Petition No. 22272 of 2020, this Court after hearing the respondents was pleased to pass a detailed order on 25.11.2020 which is squarely applicable in the facts and circumstances of the present case. It is not in dispute that all the petitioners are the employees of PCDF and are similarly circumstanced.
There is no reason as to why the benefit of the order passed by this Court in the above noted writ petition may not be extended to the present petitioners.
Sri Pankaj Patel, learned counsel for the opposite parties no. 2 and 3-PCDF at the very outset has submitted that non payment of gratuity to the present petitioners is on account of financial difficulties and there is a proposal already floated to the Government for necessary payment.
It is expected that the Government shall process the proposal/request forwarded by the PCDF so that the gratuity admissible to the petitioner is paid at the earliest.
However, the petitioners are at liberty to make a representation to the opposite party no. 2 alongwith a certified copy of this order enclosing a copy of the order dated 25.11.2010, and if such a representation is filed, their claim for payment of gratuity as well as the interest thereon may be considered at par and without any discrimination within a period of three months.
The operative part of the order dated 25.11.2020, for ready reference, mayi be extracted as under:
"In view of the aforesaid facts, the opposite parties are directed to make payment of the outstanding pensionary benefits of the petitioner as indicated in the order dated 31st October, 2020 within a period of three months from the date a copy of this order is produced. Grant of interest to the petitioner shall also be considered by the opposite parties within the same time period and if found eligible, the petitioner shall be paid the same along with the pensionary benefits.?
This, however, does not suggest that any impediment coming in the way of any individual claim may not be considered by the opposite parties.
The writ petition is disposed of with the aforesaid observations. "
In view of above and consensus of learned counsel for the parties,the writ petition is disposed of in terms of aforesaid order.
.
.
.............................................(Rajnish Kumar,J.) Order Date :- 29.1.2021 Akanksha