Zeenat Afroz vs State Of U.P. And 5 Others
2021 Latest Caselaw 8056 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 4524 of 2021
 

 
Petitioner :- Zeenat Afroz
 
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 Yashwant Varma,J.

Heard learned counsel for the petitioner, Sri Raghvendra Pratap Singh, learned counsel representing the respondent nos.4 to 6 and Sri Piyush Shukla, learned Standing Counsel.

Pursuant to the order of the Court, Sri Singh has received instructions and submitted that the sole ground on which gratuity has not been released is a purported failure of the husband of the petitioner to exercise an option prior to attaining the age of superannuation.

Learned counsel for the respondents concedes that the said issue stands concluded in favour of the petitioner in light of the judgment rendered in Usha Rani Vs. State of U.P. And 6 Others[ Writ -A No. 17399 of 2019 decided on 12.12.2019].

Since the aforesaid position as struck in that decision is accepted, it is stated that the claim of the petitioner shall be considered in accordance with law and in any case, shall not be rejected solely on the basis that the husband of the petitioner had not exercised the option prior to attaining the age of superannuation.

Sri Singh, learned counsel appearing for the respondents states that a final decision shall be communicated with expedition and preferably within a period of three months from the date of presentation of a duly authenticated copy of this order. The statement so made is recorded and accepted.

Accordingly the writ petition shall stand disposed of.

Order Date :- 15.7.2021

Vivek Kr.