Satish Chandra Singh vs State Of U.P. And 5 Others
2022 Latest Caselaw 9427 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 10078 of 2022
 

 
Petitioner :- Satish Chandra Singh
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Om Prakash Chaube,Gorakh Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

The instant writ petition has been filed by the petitioner seeking following reliefs:

"i. TO ISSUE a writ, order or direction in the nature of mandamus to the respondents authority to make the payment of gratuity amount of the petitioner's husband to the petitioner with interest 18% per annum within stipulated period.

ii. TO ISSUE a writ, order or direction in the nature of mandamus directing the respondent no. 5 to consider the claim of the petitioner and decide the representation dated 18.05.2022 within stipulated period;"

It is submitted that father of the petitioner was an Assistant Teacher in L.T. Grade at T.D. Jaiswal Inter College, Sardaha Bazar, Azamgarh. He died on 20.01.2002. The entire retiral dues of father of the petitioner has been released but the gratuity amount has not been paid so far. For the said grievance, the petitioner has preferred a representation dated 28.01.2022 to respondent no. 5 but no order has been passed till date.

Learned counsel for the petitioner has placed reliance on the judgment dated 04.08.2022 passed by this Court in Writ-A No. 8605 of 2022, Guru Charan v. State of U.P. and others.

Learned Standing Counsel submits that no useful purpose would be served by calling for counter affidavit and keeping this writ petition pending. He further submits that the claim of the petitioner shall be considered by the authority concerned and the appropriate orders shall be passed within a stipulated period.

Considering the facts and circumstances of the case, without entering into merits, with the consent of the parties, this writ petition is disposed of with a direction to the Deputy Director of Education (Secondary), Azamgarh Division, Azamgarh, respondent no. 5, to consider and decide the representation of the petitioner dated 28.01.2022 by passing an appropriate reasoned and speaking order in accordance with law within a period of three months from the date of presentation of a certified copy of this order.

Order Date :- 5.8.2022

SKT/-