Shiv Kumar Soni And 2 Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 11824 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - A No. - 5477 of 2022
 

 
Petitioner :- Shiv Kumar Soni And 2 Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Basic Edu. Lko. And 3 Others
 
Counsel for Petitioner :- Rayees Ahmad Khan
 
Counsel for Respondent :- C.S.C.,Chandra Bhushan Singh Nishad,Ran Vijay Singh
 

 
Hon'ble Rajan Roy,J.

Heard.

For the past several months this Court is being flooded with writ petitions seeking gratuity where the same has either been denied on the ground that option was not submitted by the deceased employee within the stipulated time or the claim has not been considered. So many decisions have been passed. Shri Ran Vijay Singh, learned appearing for the U.P. Basic Education Board is well aware of all those judgments. There are judgments of Division Bench on the subject. Therefore, it is unfortunate that any such claim which is being raised, is not being considered and decided as per law in a time bound manner resulting in unnecessarily litigation.

The Secretary, Basic Education Board shall issue necessary direction to all the Sub-ordinate Officers, who are competent to take a decision on such claim of gratuity, to consider all pending applications and dispose of the same keeping in mind the decision of Division Bench of this Court in the case of Smt. Ranjans Kakkar Vs. State of U.P. and Ors. reported in 2008 (10)ADJ 63, Smt. Angoori Devi Vs. Regional Joint Director of Education, Agra Region and Ors. reported in 2012(1) LCD 674 and in the case of Anoop Kumar Vs. State of U.P. and Ors.; Writ Petition No. 5345 (SS) of 2021, say, within a period of four months from the date a certified copy of this order is submitted. The aforesaid judgments, as informed, have attained finality between the parties.

The petitioners' claim shall also be considered accordingly by the competent authority and disposed of in the light of the aforesaid.

If any person is compelled to approach this Court after the aforesaid period of four months , then, this Court will take action including action for imposing heavy costs.

Shri Ran Vijay Singh, learned counsel shall ensure compliance of this order.

With the aforesaid observations/directions, the writ petition is disposed of.

.

(Rajan Roy,J.)

Order Date :- 30.8.2022

R.K.P.