Allahabad High Court High Court

Radhey Shyam Jaiswal vs State Of U.P. Thru. Principal … on 3 February, 2010

Allahabad High Court
Radhey Shyam Jaiswal vs State Of U.P. Thru. Principal … on 3 February, 2010
Court No. - 29

Case :- WRIT - A No. - 21143 of 2009

Petitioner :- Radhey Shyam Jaiswal
Respondent :- State Of U.P. Thru. Principal Secy. Home & Jails & Ors
Petitioner Counsel :- Shailesh Verma
Respondent Counsel :- C.S.C.

Hon'ble Satya Poot Mehrotra,J.

Hon’ble Kashi Nath Pandey,J.

It appears that pursuant to the interim mandamus issued by this Court
by its order dated 16.11.2009, payment of gratuity amounting to Rs.2,98,370/-
as well as revised gratuity amounting to Rs.1,02,333/- has been made to the
petitioner. This position is not disputed by Sri Shailesh Verma, learned
Counsel for the petitioner. However, the learned Counsel for the petitioner
submits that the respondents are liable to pay interest also on the aforesaid
amounts as the same have been paid after much delay. He has placed reliance
on certain decisions in this regard:-

1. Dr. Uma Agarwal Vs. State of U.P. and another, (1999) 2 UPLBEC
1006(SC).

2. Indrajeet Singh vs. State of U.P. and others, (2008) 3 UPLBEC 2725
(LB).

In view of the submissions made by Sri Shailesh Verma, learned
Counsel for the petitioner, Sri Pankaj Saxena, learned Standing Counsel
appearing for the respondents prays that the case may be directed to be listed
after two weeks so as to enable him to obtain further instructions in regard to
the above.

The case is accordingly directed to be listed before the appropriate
Bench on 22nd February, 2010.

The case will not be treated as tied up or part heard with this Bench.

Order Date :- 3.2.2010
A. Verma