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2023 Supreme(All) 341

UMESH CHANDRA SHARMA
Laxman Singh Bhadauriya – Appellant
Versus
Controlling Authority – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.N. Dubey, Amit Kumar Srivastava, S.K. Singh Yadav.

JUDGMENT :

1. Heard Sri S.N. Dubey, learned counsel for the petitioner and Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel.

2. This writ petition has been filed for the issuance of writ, order or direction in the nature of Certiorari for quashing the Award dated 18.12.2009 passed by Respondent no. 1 so far it relates to 4% interest and also for issuance of mandamus directing the Respondent no. 2 to pay 10% interest on the delayed payment of gratuity.

3. In brief, facts of the case are that the petitioner was clerk in District Cooperative Bank, Ltd. Fatehpur, and retired from the service on 31.01.2000. He completed 29 years service but the respondent no. 2 paid him less gratuity of 4 years and 10 months. He moved an application on 16.08.2007 before the Respondent no. 01 with the prayer that the respondent no. 2 has paid less gratuity therefore, he may be directed to pay Rs.85,983/-. The case was registered as case no. P.G. 13/2007 marked as annexure-1 to the petition. Respondent no. 2 filed written statement and its photocopy is annexure-2 to this petition. The petitioner filed the rejoinder annexure-3 to the petition.

4. The petitioner filed documentary evidence and

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