Allahabad High Court
Mohd. Asif Alvi vs State Of U.P. And 5 Others on 25 January, 2021
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - A No. - 11455 of 2020
Petitioner :- Mohd. Asif Alvi
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Kamal Kumar Kesherwani
Counsel for Respondent :- C.S.C.,Raghvendra Pratap Singh
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the parties.
The present writ petition has been filed praying for a writ of mandamus commanding the respondents to pay to the petitioner the amount of gratuity of the petitioner's wife who was working as Assistant Teacher and died-in-harness on 19.4.2011 at the age of 36 years.
In pursuance to the previous order passed by this Court, the counsel for respondent No. 5, i.e., District Basic Education Officer, District-Mainpuri has received instructions and states that the gratuity cannot be paid to the petitioner because the wife of the petitioner did not opt for retirement at the age of 60 in accordance with the Government Order dated 16th September, 2009. In the instructions, the date of appointment of the wife of the petitioner, her date of death and age is not disputed.
The controversy involved in the present writ petition is squarely covered by the judgment and order dated 7.11.2019 passed by this Court in Writ - A No. 17399 of 2019 (Usha Rani Vs. State of U.P. & 6 Others) as well as the judgment and order dated 24.10.2019 passed by this Court in Writ - A No. 14397 of 2019 wherein this Court has affirmed the previous judgment of this Court passed in Noor Jahan Vs. State of U.P. & 4 Others (Writ - A No. 40568 of 2016) wherein the Court held that in view of the Government Order dated 16th September, 2009, an employee, who has not attained the age of 60 years, would also be entitled to gratuity if he is otherwise covered under the scheme formulated through the aforesaid Government Order. Clause 5 of the said Government Order provides that gratuity would be payable at the age of 60 years or upon death.
From the instructions received by the counsel for the respondent No. 5, it is apparent that it is the admitted case that the wife of the petitioner died on 19.4.2011 while still in service as Assistant Teacher.
The writ petition is allowed.
The Additional Director, Treasury and Pension, Agra Region, Agra and District Basic Education Officer, District-Mainpuri, i.e., respondent Nos. 3 and 5 are directed to compute the amount payable to the petitioner towards gratuity in terms of the scheme formulated by the Government Order dated 16th September, 2009 and release the amount within a period of three months from the date a copy of this order is produced before them along with an interest at the rate of 8% per annum from the date of filing the application for gratuity till the amount is actually disbursed.
Order Date :- 25.1.2021
Anurag/-
