Dharmi Devi vs State Of U.P. And 3 Others
2022 Latest Caselaw 2187 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 6679 of 2022
 

 
Petitioner :- Dharmi Devi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Priya Ranjan Rai
 
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of respondent Nos. 1 & 2 and Sri Bhanu Pratap Singh, learned counsel for respondent Nos. 3 & 4.

The present writ petition has been filed praying for a writ of mandamus commanding the respondent no.3, Basic Shiksha Adhikari, District Azamgarh to pay the death-cum-gratuity of the husband of the petitioner to the petitioner alongwith reasonable interest.

It has been stated in the writ petition that Late Ramdhani Ram, the husband of the petitioner was initially appointed as Assistant Teacher. It has been further stated that the husband of the petitioner died on 19.7.2012 while still in service. It has been stated that the date of birth of the husband of the petitioner was 01.7.1954.

The counsel for the respondent no.3 has received instructions and states that the gratuity cannot be paid to the petitioner because the husband of the petitioner did not opt for retirement at the age of 60 years in accordance with the relevant Government Order.

In the instructions received by the counsel for the respondent no.3, the appointment of the husband of the petitioner and his death as well as his date of birth is not disputed.

In view of the fact that the date of birth of the husband of the petitioner was 01.7.1954, the husband of the petitioner would have retired if opted for retirement at the age of 60 years. In the circumstances, the husband of the petitioner died before the last date to opt for retirement at the age of 60 years expired.

The controversy involved in the present writ petition is squarely covered by the judgment and order dated 7.11.2019 passed by this Court in Writ - A No. 17399 of 2019 (Usha Rani Vs. State of U.P. & 6 Others) as well as the judgment and order dated 24.10.2019 passed by this Court in Writ - A No. 14397 of 2019 wherein this Court has affirmed the previous judgment of this Court passed in Noor Jahan Vs. State of U.P. & 4 Others (Writ - A No. 40568 of 2016) wherein the Court held that in view of the Government Order dated 16th September, 2009, an employee, who has not attained the age of 60 years, would also be entitled to gratuity if he is otherwise covered under the scheme formulated through the aforesaid Government Order. Clause 5 of the said Government Order provides that gratuity would be payable at the age of 60 years or upon death.

Accordingly, the writ petition is allowed.

The Basic Education Officer, Azamgarh, respondent No.3 is directed to compute the amount payable to the petitioner towards gratuity in terms of the scheme formulated by the relevant Government Order and release the amount within a period of three months from the date a copy of this order is produced before them along with an interest at the rate of 8% per annum from the date of filing the application for gratuity till the amount is actually disbursed.

A computer generated copy of the present order downloaded from the official website of the high Court shall be treated as certified copy.

Order Date :- 6.5.2022

Ruchi Agrahari