Angoori Devi vs State Of U.P. And 5 Others
2021 Latest Caselaw 9303 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 10347 of 2020
 

 
Petitioner :- Angoori Devi
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Kamal Kumar Kesherwani
 
Counsel for Respondent :- C.S.C.,Satish Chandra Yadav
 

 
Hon'ble Pankaj Bhatia,J.

Heard counsel for the parties and perused the record.

The present petition has been filed alleging that the husband of the petitioner died on 22.12.2008 while working as Assistant Teacher.

It is stated that at the time of death of the petitioner's husband, he was 53 years of age. It is clear that he is entitled to death-cum-retirement gratuity, however, the same is not being paid to the petitioner, despite the petitioner has moved an application. It is argued that the question of payment of gratuity is squarely covered by the judgment passed in Usha Rani Vs. State of UP and others (Writ A No. 17399 of 2019) which was affirmed in the special appeal.

Considering the fact that the claim for payment of gratuity is pending consideration before respondent no.5., the present writ petition is disposed off, whereupon the direction upon the respondent no.5 to decide the claim of the petitioner for payment of death-cum-retirement gratuity in the light of the judgment of this Court passed in the case of Usha Rani (supra) within a period of three months from the date of receipt of the same.

Order Date :- 2.8.2021

Atul