Manju Devi vs State Of U.P. And 2 Others
2022 Latest Caselaw 2412 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 7027 of 2022
 

 
Petitioner :- Manju Devi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Akhilesh Kumar
 
Counsel for Respondent :- C.S.C.,Archana Singh
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Akhilesh Kumar, learned counsel for the petitioner, Ms. Archana Singh, learned counsel for the respondent nos.2&3 and the learned Standing Counsel for the State-respondents.

This writ petition has been filed interalia for the following relief:-

"A. Issue a writ, order or direction in the nature of mandamus allow the present writ petition and directing the respondent authorities to pay the death-cum-retirement gratuity to the petitioner alongwith interest admissible thereon and further may be direct the respondent no.3 to decide the representation dated 18.02.2021 pending before him in the interest of justice....."

Learned counsel for the petitioner submits that the post-retiral dues of the petitioner was paid, however, the amount of gratuity has not been paid. The wife of the petitioner died while in service on 6.01.2012 but no death-cum-retirement gratuity has been paid, for which the petitioner has made several representations before the respondent No. 3 but nothing has been done till date. He further submits that the controversy with regard to non-payment of pension stands concluded by the judgment of this Court in the case of Smt. Sarvesh Kumar Vs. State of UP and others decided on 14.5.2019.

Learned Standing Counsel for the State-respondents submits that he has no objection, in case, a fresh representation is moved by petitioner for redressal of her grievance, the same shall be decided in accordance with law.

Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioner to file a fresh representation along with all the documents so advised as well as certified copy of this order before the respondent no.3, i.e. District Basic Education Officer, District-Kaushambi, raising all her grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same, in accordance with law, by reasoned and speaking order, preferably within a period of two months from the date of production of a certified copy of this order if there is no other legal impediment.

Order Date :- 9.5.2022

Jitendra/-