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Allahabad High Court

AWADHESH NARAYAN SHUKLAversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition was disposed as the respondents acknowledged the liability and undertook to pay the gratuity.

Summary

The petitioner, Awadhesh Narayan Shukla, a retired employee of Nagar Palika Parishad, Padrauna, claimed that his gratuity of approximately Rs.11 lakhs, due upon retirement in 2023, had not been paid. He filed a writ petition seeking direction for payment of the pending gratuity. The respondents, representing the State of Uttar Pradesh and the Nagar Palika Parishad, acknowledged the amount was not disputed but stated that the local body was facing financial constraints. They assured that they would make every effort to clear the dues as soon as possible. Considering the admissions and the respondents’ undertaking, the Court disposed of the writ petition without ordering any specific relief.

Issues considered

  • Whether the petitioner is entitled to the gratuity amount of Rs.11 lakhs pending payment
  • Whether the Court should direct the respondents to pay the gratuity despite their claim of financial constraints

Subjects

  • gratuity
  • service law
  • employee rights
  • writ petition
  • financial constraints
  • payment of dues

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 5514 of 2026

                                    Awadhesh Narayan Shukla
                                                                                               .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 4 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)      : Dharmendra Kumar Mishra, Manoj
                                                                     Kumar
                                    Counsel for Respondent(s)      : C.S.C., Satyendra Nath Tiwari

                                    Court No. - 32
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard learned counsel for the parties.

                                    2. Learned counsel for the petitioner submitted that petitioner is an an
                                    employee of Nagar Palika Parishad, Padrauna, District-Kushinagar who
                                    got retired in the year 2023, however, till date his gratuity amount which
                                    is about Rs.11 lakhs is still not paid.

                                    3. Learned counsel for the respondents on basis of limited instructions
                                    submits that at this stage, referred amount as above is not being disputed
                                    subject to verification and since respondents Nagar Palika Parishad is
                                    suffering from financial constraint, therefore, concerned respondent will
                                    take all endeavour to clear the aforesaid said amount as early as possible.

                                    4. In the aforesaid circumstances, considering the above submissions, this
                                    writ petition is disposed of.



                                                                                (Saurabh Shyam Shamshery,J.)
                                    April 20, 2026
                                    SB




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad


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