Smt. Radhika vs State Of U.P. And 6 Others
2021 Latest Caselaw 7298 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 1355 of 2021
 

 
Petitioner :- Smt. Radhika
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Kamal Kumar Kesherwani
 
Counsel for Respondent :- C.S.C.,Manu Singh
 

 
Hon'ble Vivek Chaudhary,J.

This case is taken up through Video conferencing.

Heard learned counsel for petitioner, Sri Manu Singh for respondent No.5 to 7 and learned standing counsel for respondent No.1 to 4.

Learned counsel for petitioner submits that the petitioner has been wrongly denied the benefit of gratuity due to the change in date of retirement from 58 years to 60 years. The said change of date is the Government order dated 16.9.2009. This controversy was raised before this Court in case of Noor Jahan. Vs. State of U.P. and others (Writ-A No.40568 of 2016 decided on 4.1.2018), the Government order dated 16.9.2009 was not found to be applicable to the case of the petitioner of that writ petition and the writ petition was allowed quashing the impugned order passed in pursuance of the Government order dated 16.9.2009. The judgment was thereafter followed in large number of cases and finally, in the case of Renu Gupta Vs. State of U.P. and others (Writ-A No.14397 of 2019 decided on 24.10.2019) and the case was again considered and petition was allowed.

Learned standing counsel and learned counsel for BSA have received instructions from the authorities concerned. Both the learned counsel for respondents could not dispute the applicability of judgment in the case of Noor Jahan (supra) as well as Renu Gupta (supra) to the facts of the present case. It is surprising that once the it is already held that the Government order dated 16.9.2009 is not found applicable, the authorities concerned are still applying the same on the employees.

In view thereof, the present writ petition is allowed. The impugned order dated 26.10.2020 is quashed. A mandamus is also issued to the respondents to commute the amount payable to petitioner's husband towards gratuity in terms of scheme and release the same within three months from the date of production of a certified copy of this order before the authorities concerned. The petitioner shall be entitled to 8% interest per annum on the amount from the date the same is disbursed.

Looking into the facts and circumstances of the case, that the authorities are still not applying the law declared by this Court and still relying the Government order dated 16.9.2009, the respondent No.1, Secretary, Department of Basic Education, U.P. Government, Lucknow is directed to direct its subordinate not to violate the law declared by this Court.

Order Date :- 8.7.2021

Rajneesh JR-PS)

(Vivek Chaudhary, J.)