Lalla Devi vs State Of U.P., Through Its ...
2022 Latest Caselaw 5414 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
Case :- WRIT - A No. - 3938 of 2022
 
Petitioner :- Lalla Devi
 
Respondent :- State Of U.P., Through Its Secretary, Department Of Basic Education, U.P. Government, Lucknow
 
Counsel for Petitioner :- Amit Kumar Awasthi
 
Counsel for Respondent :- C.S.C.,Rahul Shukla
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned Standing Counsel for respondent no. 1 to 3 as well as Shri Suyesh Bajpai, learned Advocate holding brief of Shri Rahul Shukla, learned counsel for respondent no. 4 and 5.

Learned counsel for the petitioner submits that husband of the petitioner namely Rakesh Kumar was initially appointed as Assistant Teacher on 29.06.2002; while working as Assistant Teacher at Purva Madhyamik Vidyalaya Nandana Kala, Block Fatehpur, District Barabanki, the husband of the petitioner died on 17.05.2019 and at the time of his death he was 47 years 2 months and 7 days old. Hence, it is submitted that the petitioner is entitled to receive gratuity of her late husband.

He further submits that the death of husband of the petitioner has happened suddenly and that was unforeseen and as such option for retirement at the age of 60 years as against the normal retirement at the age of 62 year could not be done.

Learned counsel for the petitioner says that there are certain government orders which say that option has to be exercised within the last year in which she would attain the age of 60 years.

Be that as it may, in either eventuality he could not have foreseen his death and had not reached anyway near 60 years, therefore, in view of the Division Bench judgment in the case of Smt. Ranjana Kakkar v. State of U.P. & ors., 2008 10 ADJ 63 which has been followed in the subsequent decision in the case of Anguri Devi v. Regional Joint Director of Education, Agra Region & ors., reported in (2012) 1 LCD 674 and several other case as also a recent decision dated 19.03.2021 in Writ Petition No. 5341 (SS) of 2021 the claim for gratuity is sustainable in law.

The concerned respondent is directed to consider the claim of the petitioner for gratuity aforesaid and pass a reasoned order in accordance with law within four weeks from the date a certified copy of this order is submitted before him. The claim shall not be rejected on the ground that the petitioner's husband had not exercised her option as referred hereinabove, as there was no occasion for the same.

It is open for the petitioner to claim interest on the amount due as per law.

The writ petition is disposed off in the aforesaid terms.

Order Date :- 27.6.2022

R.C.