Court No. - 5
Case :- WRIT - A No. - 8495 of 2021 Petitioner :- Vasudev Bhagat Respondent :- Union Of India And Another Counsel for Petitioner :- Vindhya Vashini Prasad Rai Counsel for Respondent :- A.S.G.I.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Purnendu Kumar Singh, learned counsel for the respondent.
The petitioner has retired from the post of Carpenter from Uttar Madhya Kshetra Sanskritik Kendra, Prayagraj on 31.07.2019. The retiral dues of the petitioner has not been paid by the respondents-authorities and petitioner in this respect has submitted several representations and last of which is dated 20.03.2021, annexure 2 to the writ petition.
In pith and substance, the petitioner is before this Court with a request commanding the second respondent to decide the petitioner's representation in accordance with provisions of Payment of Gratuity Act, 1972, within stipulated time.
Learned counsel for the respondent very fairly states that in case the aforementioned representation is pending for consideration, the same will be considered and decided expeditiously by the Authority.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with the direction to the second respondent to decide the petitioner's representation strictly in accordance with provisions of Payment of Gratuity Act, 1972 expeditiously, preferably within four weeks from the date of production of a copy of this order before him. In case, claim of the petitioner is admissible in law, the payment of gratuity shall be ensured to the petitioner within four weeks thereafter, failing which, the petitioner shall be entitled for 9% interest on the delayed payment.
Order Date :- 27.7.2021 NS