Allahabad High Court
Akhilesh Kumar Rai vs State Of U.P. And 4 Others on 20 July, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 7860 of 2021
Petitioner :- Akhilesh Kumar Rai
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Sanjay Kumar Rai,Sandeep Kumar Rai
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel.
Present writ petition has been preferred assailing the validity of communication dated 22.3.2021; for a direction to the respondents to forthwith sanction amount of gratuity and to pay gratuity amount to the petitioner on the death of his wife, who died before attaining the age of superannuation i.e. 60 years and for a further direction to the respondents to pay interest on the delayed payment.
Learned counsel for the petitioner submits that the controversy in hand is squarely covered by the judgment dated 31.8.2020 passed in Writ-A No.6351 of 2020 (Resham Pyari v. State of U.P. & Ors.) and as such it is contended that present writ petition may also be decided in the same terms. For ready reference, the order dated 31.8.2020 is quoted as under:-
"The present petition has been filed seeking a direction upon the respondents to pay gratuity to the petitioner, which remained unpaid.
The contention of the counsel for the petitioner is that the husband of the petitioner was initially appointed as Assistant on 15.6.1995 and joined duty as Assistant Teacher on 1.7.1995, however he died in harness on 6.8.2014 before reaching the age of superannuation. The contention of the counsel for the petitioner is that in terms of the Government Order dated 16th September, 2009, Clause 5, the petitioner is entitled to gratuity. The request of the petitioner has been rejected vide order dated 26.12.2019 solely on the ground that prior to the death of the husband of the petitioner, the option was not given and the date in the option is also not probably mentioned. Thus, the contention of the counsel for the petitioner is that even if the option was not given by the husband of the petitioner for retirement at 60 years, the admitted case is that the petitioner died in harness prior to the date of superannuation. He relies upon a judgment of this Court in Writ-A No. 17399 of 2019 (Usha Rani Vs. State of U.P. and Others), wherein the entire scope of the Government Order was considered.
Considering the fact that the issue is no more alive in view of the specific decision of this Court in Writ-A No. 17399 of 2019 that the gratuity would be payable to the employees, who died while in service and following the same it is clear that the petitioner would be entitled for release of the gratuity payable in terms of the Government Order dated 16th September, 2009.
Accordingly, the writ petition is allowed following the judgment of this Court in the case of Usha Rani (Supra). the petitioner shall be paid the gratuity to which the husband of the petitioner was entitled as expeditiously as possible, preferably within a period of three months from the date of filing of the application along with a copy of the order downloaded from the official website of this Court, which shall be treated as certified copy of this order."
So far as factual and legal aspect is concerned, the same could not be disputed by learned Addl. Chief Standing Counsel. .
In the facts and circumstances of the case, present writ petition is also allowed in terms of judgment in Resham Pyari (Supra).
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.7.2021
SP/
