Sudesh vs State Of U.P. And 4 Others
2021 Latest Caselaw 8057 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 4514 of 2021
 

 
Petitioner :- Sudesh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Kamal Kumar Kesherwani
 
Counsel for Respondent :- C.S.C.,Jai Krishna Tiwari
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for the petitioner, Sri J.K. Tiwari, learned counsel representing the respondent nos.3 to 5 and Sri B.P. Singh, learned Standing Counsel.

The petitioner has approached this Court aggrieved by the fact that the gratuity which was payable for services rendered by the husband of the petitioner, has not been released till date. Although no decision has been communicated to the petitioner, according to the learned counsel, the sole ground on which the claim of the petitioner is not being acceded to is a purported failure on the part of the husband of the petitioner to exercise the requisite option for payment of gratuity prior to attaining the age of superannuation. According to learned counsel, the said issue, in any case stands settled in favour of the petitioner in light of the judgment of the Court rendered in Usha Rani Vs. State of U.P. And 6 Others[ Writ -A No. 17399 of 2019 decided on 12.12.2019].

The decision of the Court in Usha Rani and the principles laid down therein, are conceded and accepted by the State respondents. It is in that backdrop that it was submitted that the claim of the petitioner for payment of gratuity shall be considered in accordance with law and in any case, it shall not be rejected solely on the ground that the option was not exercised prior to attaining the age of superannuation. It is stated that a final decision in respect thereof shall be taken and communicated by the Basic Education Officer within a period of three months from the date of presentation of a duly authenticated copy of this order. The statements of Sri Tiwari and learned Standing Counsel are recorded and accepted.

Accordingly the writ petition shall stand disposed of.

Order Date :- 15.7.2021

Vivek Kr.