Allahabad High Court
Shobhit Srivastava vs State Of U.P. And 5 Others on 18 January, 2021
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - A No. - 11824 of 2020
Petitioner :- Shobhit Srivastava
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Manish Dev Singh
Counsel for Respondent :- C.S.C.,Amit Shukla
Hon'ble Salil Kumar Rai,J.
Heard counsel for the petitioner and Shri Amit Shukla representing respondent nos.4 to 6.
It has been stated in the writ petition that Late Smt. Malti Srivastava, the mother of the petitioner was appointed and working as Assistant Teacher in Basic School Rohaniya Vikas Kshetra, Bilaspur and died on 12.6.2009 while working on the post of Headmaster of the concerned institution.
The present writ petition has been filed praying for a writ of mandamus to release the gratuity amount of the mother of the petitioner alongwith interest on the same which is ostensibly not being released by the District Basic Education Officer, Pilibhit on the ground that the mother of the petitioner had not filled her form indicating her option regarding age of retirement.
It is admitted fact that the mother of the petitioner died on 12.6.2009 while still in service. However, in case, the gratuity amount of the mother of 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 Education Officer-Pilibhit 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 allowed.
Order Date :- 18.1.2021
Jyotsana
