Subhawati Devi vs State Of U.P. And 2 Others
2022 Latest Caselaw 6137 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 9624 of 2022
 

 
Petitioner :- Subhawati Devi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Dhirendra Singh
 
Counsel for Respondent :- C.S.C.,Arun Kumar
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, learned State Counsel appearing on behalf of opposite party No.1 and Mr. Arun Kumar learned counsel for opposite parties 2 and 3.

Petition has been filed seeking a direction to the opposite parties to pay death-cum-retirement gratuity and group insurance pertaining to Mr. Gorakh Prasad Yadav late husband of petitioner along with admissible interest. Learned counsel for petitioner submits that petitioner's husband was initially appointed on 8.10.1973 on the post of Assistant Teacher who passed on 24th April, 2021 while in service. The date of birth was Ist July 1952 as such he had not yet attained 60 years of age due to which there was no occasion for him to have given any option pertaining to receipt of the gratuity. It is submitted that despite aforesaid fact, the death-cum-retirement gratuity has not yet been made available to the petitioner and therefore the petitioner's case would be covered by the judgment rendered in the case of Usha Rani versus State of U.P. and others , Writ A No. 17399 of 2019. For the aforesaid grievance, the petitioner has already submitted a representation dated 24th May, 2021. At present learned counsel for the petitioner restricts his prayer for a final decision with regard to same. Learned counsel for opposite parties do not have any objection in case the representation of the petitioner is decided.

Considering innocuous prayer being made by learned counsel for the petitioner and without entering into the merits of the case petitioner is granted liberty to file a fresh representation before opposite party No. 3 i.e. District Basic Education Officer, District Gorakhpur. In case such a representation is filed, the same shall be decided in the light of aforesaid judgment in case the same are applicable and in case the services of petitioner's late husband was in accordance with law, within with period of six weeks from the date a copy of this order is produced before the said authority.

With the aforesaid directions, the writ petition stands disposed of.

Order Date :- 6.7.2022

Prabhat