Urmila vs State Of U.P. And 2 Others
2021 Latest Caselaw 8460 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 5961 of 2021
 

 
Petitioner :- Urmila
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sandeep Kumar
 
Counsel for Respondent :- C.S.C.,Bhola Nath Yadav
 

 
Hon'ble Pankaj Bhatia,J.

Heard Sri Sandeep Kumar, learned counsel for the petitioner; learned Standing Counsel for the State-respondent no. 1 and Sri B.N.Yadav appears for the respondent no. 2 and 3.

Petitioner is before this Court assailing the order impugned dated 17.3.2021 passed by the second respondent/District Basic Education Officer Saharanpur whereby claim of the petitioner for payment of gratuity has been rejected.

Learned counsel for the petitioner in support of his submissions has placed reliance upon the judgment passed by this Court in Noor Jahan Vs. State of U.P. and 4 Others (Writ-A No. 40568 of 2016, dt. 4.1.2018) and as such it is sought to be contended that the present matter is squarely covered by the aforesaid judgment and the similar treatment may also be extended to the petitioner.

The above said argument of learned counsel for the petitioner is not being disputed by learned Standing Counsel as well as counsel for the respondent no. 2 and 3.

The writ petition is accordingly allowed in terms of Noor Jahan(supra). The order dated 17.3.2021 is quashed.

A direction is issued to the respondents to compute the amount payable to petitioner's father towards gratuity in terms of the scheme and release the same, within a period of three months from the date of production of a copy of this order. The petitioner shall also be entitled to interest at the rate of 8% per annum, from the date of filing of the application till the amount is actually disbursed.

Order Date :- 22.7.2021

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