Savitri Devi vs State Of U.P. And 3 Others
2021 Latest Caselaw 1374 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 10539 of 2020
 

 
Petitioner :- Savitri Devi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Anil Kumar Bind
 
Counsel for Respondent :- C.S.C.,Shashi Kant Verma
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Heard learned counsel for the petitioner and learned Standing Counsel for State respondents.

The present petition has been filed seeking writ of mandamus commanding the respondents to pay the amount of gratuity claimed by the petitioner after death of her husband (deceased employee).

The facts narrated in the writ petition are that the husband of the petitioner died-in-harness on 10.2.2019. After the death of petitioner's husband, she completed all requisite formalities and furnished necessary information for payment of post retiral benefits and submitted application in the prescribed proforma. The family pension has been released on 23.10.2010. However, gratuity as admissible to the deceased husband of the petitioner has not been paid. It is then contended that no departmental inquiry was pending against the petitioner's husband nor there was any departmental dues against him. The petitioner's husband was fully entitled for gratuity in terms of the G.O dated 23.7.2017. In the similar facts and circumstances, this Court in Writ A no.5108 of 2020 (Prem Kumari vs State of U.P and 7 others) had directed vide judgment and order dated 8.7.2020 to release gratuity of the concerned employee.

The contention is that the representation moved by the petitioner has not been decided till date.

Be that as it may, in view of the innocuous prayer made by the petitioner in the writ petition seeking writ of mandamus commanding the respondents to decide her representation, the writ petition is being disposed of with a direction to the concerned authority to consider the claim for payment of gratuity of deceased employee made by the petitioner within a period of four weeks from the date of receipt of copy of this order.

Order Date :- 21.1.2021/Harshita