Ankit Kumar Awasthi vs State Of U.P. And 4 Others
2021 Latest Caselaw 8165 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- WRIT - A No. - 4520 of 2021
 
Petitioner :- Ankit Kumar Awasthi
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Anurag Shukla
 
Counsel for Respondent :- C.S.C.,Pankaj Kumar Singh
 
Hon'ble Yashwant Varma,J.

Heard learned counsel for parties.

The petitioner has filed the instant writ petition seeking release of gratuity in light of the services rendered by his mother who was working at the relevant time with the respondents. According to the petitioner, the prayer for gratuity has not been attended to solely on the ground that she had not exercised the option to receive the same prior to attaining the age of superannuation.

Before this Court, it is fairly conceded that the aforesaid issue stands concluded 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].

In view thereof, Sri P.K. Singh, learned counsel appearing for the fourth respondent states that subject to verification of all other facts, the claim of the petitioner for release of gratuity, shall be considered in accordance with law and a final decision communicated with expedition and preferably within a period of three months from today. It is further clarified that the aforesaid claim shall not be rejected by the respondents solely on the ground that the mother of the petitioner had not exercised the requisite option prior to attaining the age of superannuation in light of the judgment rendered in Usha Rani.

Petition stands disposed of.

Order Date :- 16.7.2021/Arun K. Singh

(Yashwant Varma, J.)