Court No. - 28
Case :- WRIT - A No. - 60220 of 2016 Petitioner :- Smt. Vidya Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok K Pandey Counsel for Respondent :- C.S.C.,Archit Mandhyan,Rajesh Yadav,Sushant
Hon'ble Siddharth,J.
Petitioner has filed this writ petition praying for arrears of gratuity of her deceased husband amounting to Rs.1,07,530/- along with 18 % interest. Learned counsel for the petitioner states that during the pendency of writ petition he has received an amount of Rs.1,11,249/- towards the arrears of gratuity as per the calculation of the respondents. He claims interest over the aforesaid amount from the date of retirement of her deceased husband from 31.07.2004. The second prayer of the petitioner is that respondents may be directed to pay the arrears of difference of salary of the deceased husband of the petitioner pursuant to the implementation of the recommendations of the 5th Pay Commission in accordance with law.
Learned counsel for the petitioner states that he has received cheques of Rs.28,010/-, Rs.12,152/- and Rs.2,827/- towards the arrears of salary of her husband. The total amounts comes to Rs.42,989/-.
Learned counsel for the petitioner states that he is not in a position to make further claim over and above the amount paid to her by the respondents and therefore, whatever amount has been paid to her is final and the only prayer remains regarding the payment of interest over this amount.
Despite time granted to the respondents and passing stop order dated 09.11.2017 by this Court no counter affidavit has been filed by the respondents.
The Court has no option but to allow writ petition granting 7% interest on the amount of gratuity to the petitioner from the date of death of her deceased husband on 31.07.2004 and the same rate of interest on the arrears of salary paid to her by the respondents during the pendency of writ petition from the date of enforcement of report of 5th Pay Commission.
Writ petition stands allowed to the extent stated above. No order as to costs.
Order Date :- 22.2.2018 SS