Usha Devi vs State Of U.P. And 5 Others
2021 Latest Caselaw 8339 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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Court No. - 5
 

 
Case :- WRIT - A No. - 6118 of 2021
 

 
Petitioner :- Usha Devi
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Kamal Kumar Kesherwani
 
Counsel for Respondent :- C.S.C.,Pankaj Kumar Singh
 

 
Hon'ble Saral Srivastava,J.

Heard learned counsel for the petitioner, learned Standing Counsel for respondents no.1 to 3 and Sri Pankaj Kumar Singh, learned counsel for respondents no.4 to 6.

The husband of the petitioner Narendra Kumar Chaturvedi was working as Head Master in an institution, namely, Purva Madhyamik Vidhyalaya, Bahera, Vikas Khand Sandalpur, District Kanpur Dehat, who unfortunately died while in service on 4.9.2015. The terminal dues have been paid to the petitioner except the gratuity. The petitioner in this respect submitted several representations before the competent authority-respondent no.5 but the respondent no.5 did not paid any heed to the representation of the petitioner.

It is submitted by the learned counsel for the petitioner that the present case is squarely covered by the judgment and order of this Court passed in Writ A No.17399 of 2019 (Usha Rani Vs. State of U.P. and others) decided on7.11.2019, which has been affirmed by this Court in Special Appeal Defective No. 64 of 2021 (District Basic Education Officer and another Vs. Raj Kumari and others) decided on 25.1.2021 and, therefore, the petitioner is entitled for the same relief.

Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.5 to consider the grievance of the petitioner.

Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to the petitioner to file a fresh representation along with the copy of this order before the respondent no.5-District Basic Education Officer, District Kanpur Dehat, raising all her grievances within a period of two weeks from today. In case, any such representation along with the copy of this order downloaded from the official website of the Allahabad High Court duly certified by the learned counsel for the petitioners is filed by the petitioner, the respondent no.5 shall decide the same by reasoned and speaking order within a period of three months thereafter.

The writ petition is disposed of subject to the observations made above.

Order Date :- 20.7.2021

SKM