Ganga Dhar Tiwari vs State Of U P And 6 Others
2021 Latest Caselaw 468 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 12415 of 2020
 

 
Petitioner :- Ganga Dhar Tiwari
 
Respondent :- State Of U P And 6 Others
 
Counsel for Petitioner :- Manoj Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Ras Bihari Pradhan
 

 
Hon'ble Salil Kumar Rai,J.

The present writ petition has been filed for a writ of mandamus commanding the respondent-authorities to release and pay the amount of gratuity of the wife of the petitioner to the petitioner.

It has been stated in the writ petition that Smt. Vimla Tiwari wife of the petitioner was appointed and working as Assistant Teacher in Primary School Navatola, Block Babhani, District Sonebhadra and died on 18.3.2017 while she was still in service.

It has been stated that gratuity due to the wife of the petitioner is not being paid on the ground that she had not given her option to retire at the age of 60 years and, therefore, the wife of the petitioner was not entitled to any benefit.

There is nothing on record showing that the written order having been passed by the authorities denying gratuity to the petitioner. However, in case, the gratuity amount of the petitioner is not being released by the respondent-authorities on the grounds stated by the petitioner in the writ petition, the said approach would be contrary to 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 Ors.) 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 Ors. (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.

The petitioner may file a representation before the District Basic Shiksha Adhikari, Ghazipur bringing to his notice all the necessary facts who after considering the records shall pass appropriate orders considering the judgments of this Court in Writ - A No. 17399 of 2019 (Usha Rani Vs. State of U.P. & 6 Ors.) and Writ A No.14397 of 2019 and also ensure appropriate action, in accordance with law, within a period of three months from the date of filing of the representation alongwith a copy of this order.

With the aforesaid directions, the writ petition is disposed of.

Order Date :- 8.1.2021

Jyotsana