Rahish Pal vs State Of U.P And Others
2021 Latest Caselaw 8550 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 6503 of 2021
 

 
Petitioner :- Rahish Pal
 
Respondent :- State Of U.P And Others
 
Counsel for Petitioner :- Sanjay Kumar Dubey
 
Counsel for Respondent :- C.S.C.,Akhilesh Chandra Srivastava
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for the petitioner, Sri Akhilesh Chandra Srivastava, learned counsel representing the respondent nos.3 and 4 and Sri Birendra Pratap Singh, learned Standing Counsel.

The petitioner has approached this Court aggrieved by the fact that the gratuity which was payable for services rendered by the father of the petitioner has not been released till date. The sole ground on which the claim of the petitioner is not being acceded to is a purported failure on the part of the father of the petitioner to exercise the requisite option for payment of gratuity prior to attaining the age of superannuation.

Sri Srivastava, learned counsel appearing for the Basic Education Officer fairly concedes that the aforesaid issue stands settled 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 of the aforesaid, it is submitted that the claim of the petitioner for release of gratuity, shall be considered in accordance with law and bearing mind the judgment of the Court rendered in Usha Rani.

Accordingly and with the consent of parties, this petition shall stand disposed of with a direction to the Basic Education Officer to examine the claim of the petitioner for release of gratuity afresh. The aforesaid claim shall not be rejected solely on the ground that the option was not exercised prior to attaining the age of superannuation in light of the judgment of the Court rendered in Usha Rani. It is further directed that a final decision in respect thereof shall be taken and communicated by the Basic Education Officer within a period of three months from the date of presentation of a duly authenticated copy of this order.

Order Date :- 23.7.2021

Vivek Kr.