Anita Shahi vs State Of U.P.Thru Prin.Secy. ...
2021 Latest Caselaw 6936 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 
Case :- SERVICE SINGLE No. - 13427 of 2021
 
Petitioner :- Anita Shahi
 
Respondent :- State Of U.P.Thru Prin.Secy. Secondary Education And Ors.
 
Counsel for Petitioner :- Gyanendra Singh Sikarwar,Kuldeep Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

1. Heard learned counsel for the petitioner and learned Standing Counsel, through virtual mode.

2. It is the case of the petitioner that her husband Late Rajesh Kumar Sahi was working as Physical Education Teacher in Sri Hanumant Rameshwar Dayal Inter College, Biswan, Sitapur, recognized under the provisions of the U.P. Intermediate Education Act, 1921. He died in harness on 15.02.2015. Had he continued to live, the date of retirement would have been 10.03.2027.

3. It has been submitted by learned counsel for the petitioner that the husband of the petitioner was regularized on 13.07.1998 and a copy of the letter indicating such regularization dated 16.02.1999 issued by the Joint Director of Education, VIth Region Lucknow has been filed as annexure-3 to the writ petition. The family pension has been paid to the petitioner but she has not been paid gratuity. The petitioner has made several representations to the Authority praying for gratuity to be paid. Two copies of such representations have been filed as annexure nos.4 to 10 to the writ petition.

4. It has been submitted by learned counsel for the petitioner that the case of the petitioner is covered by the judgment rendered by a Co-ordinate Bench of this Court in Smt. Mala Tripathi Vs. State of U.P. and others; Writ Petition No.6173 (S/S) of 14, decided on 05.08.2019 as well as the judgment passed in Writ A No.17399 of 2019: Usha Rani Vs. State of U.P. & others, decided on 07.11.2019.

5. This Court has perused the representations made by the petitioner and finds that there is no mention of the judgments relied upon by the learned counsel for the petitioner.

6. This petition is disposed of with a direction to the petitioner to file a fresh representation within ten days from today annexing copies of judgments on which she relies upon. On such representation being received, the respondent no. 4 shall pass a reasoned and speaking order thereon within six weeks.

7. It is expected that the case of the petitioner shall be considered sympathetically and in the light of the judgments of Co-ordinate Bench of this Court.

Order Date :- 1.7.2021

Rahul