Allahabad High Court
Smt.Sarita Tiwari vs State Of U.P. And 4 Others on 19 July, 2021
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 7677 of 2021
Petitioner :- Smt.Sarita Tiwari
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Anurag Shukla,Kamal Pati Shukla
Counsel for Respondent :- C.S.C.,Pankaj Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, Sri Pankaj Kumar Singh learned counsel for the respondent nos. 3 to 5 and learned Standing Counsel for the other respondents.
Petitioner's husband was a Headmaster in Prathmik Vidyalaya, Umri Bujurg, District Kanpur Dehat, who is said to have died on 16.11.2019. Grievance is that though other benefits have been released but the amount of gratuity has not been released. This petition has been filed for a direction upon the respondents to pay the amount of death cum retirement gratuity consequent upon death of petitioner's husband alongwith interest.
It appears that the amount of gratuity has not been paid on the ground that option to retire at the age of 60 years was not exercised by the deceased employee.
Controversy in that regard has already been adjudicated by this Court in number of petitions. Reference can be had to the judgment of this Court in Writ Petition No.17399 of 2019 (Usha Rani vs. State of U.P. and others), decided on 7.11.2019. Relevant portion of the aforesaid order is extracted hereinafter:-
"............
Following the decision rendered in the judgment of Noor Jahan (Supra) as well as Smt. Omwati (Supra), matter of Smt. Brijesh (Supra) for payment of gratuity was allowed by this Court by quashing the impugned orders by which gratuity was denied.
Similar controversy was also decided by Lucknow Bench of this Court vide order dated 5.8.2019 passed in the matter of Smt. Mala Tripathi (Supra) in which Court has taken a similar view and held that if husband of petitioner died before attaining the age of 60 years and has not given option for retirement at the age of 60 years, gratuity cannot be denied only on this ground. Relevant paragraph of the said judgment is quoted below:-
"Heard learned counsel for the contesting parties and perused the records.
From perusal of the records, it clearly comes out that the petitioner's husband died in harness on 26.08.2012 while working as Assistant Teacher in an aided and recognized institution. It is also admitted that the family pension has been paid to the petitioner. The only dispute revolves around the payment of gratuity to the petitioner. The ground taken by the respondents of the petitioner's husband not having opted for retiring at the age of 60 years which thus entails non-payment of gratuity to her at the very out set does not stand to legal scrutiny inasmuch as it is an admitted case by the respondents also that the petitioner's husband died in harness on 26.08.2012 despite his actual date of superannuation being November 2019. Thus, an employee is only expected to submit an option prior to his retirement and not decades prior to his retirement. However, this aspect of the matter has not been considered by the respondents and even the letter of the Institution dated 19.03.2014, a copy of which has been filed as Annexure-3 to the petition, does not address the aforesaid issue.
Accordingly, keeping in view the aforesaid discussions, the order dated 19.03.2014 (Annexure-3 to the petition) cannot be said to be valid in the eyes of law. As such, the writ petition deserves to be partly allowed and is hereby partly allowed. A writ of certiorari is issued quashing the order dated 19.03.2014. A writ of mandamus is issued directing the respondents to consider the case of the petitioner for payment of gratuity in accordance with law and relevant rules within a period of three months from the date of receipt of a certified copy of this order."
Facts of the case and dispute involved in the present case is squarely covered by the pronouncements made by this Court which are referred herein above, therefore, under such facts and circumstances, impugned order dated 30.7.2019 passed by respondent No. 7- Block Education Officer Block Kadarchauk, Distruict Badaun is hereby quashed.
Respondents are directed to compute the amount payable to the petitioner's husband towards gratuity in terms of the scheme and release the same, maximum within a period of three months from the date of production of certified copy of this order. ............"
Sri Pankaj Kumar Singh, learned counsel appearing for the respondents states that claim of petitioner can be examined by the authorities in terms of the above direction forthwith.
In the facts and circumstances, this writ petition, therefore, is disposed of requiring the fourth respondent to examine petitioner's claim for payment of gratuity, in light of the observations contained in the above order, by passing a reasoned orders, within a period of two months from the date of presentation of a copy of this order. The benefits, which are found due and payable to petitioner in terms of such determination, shall be released, within a further period of six weeks, thereafter.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 19.7.2021
Anil
