District Basic Education Officer ... vs Raghunandan Rajpoot And 3 Others
2022 Latest Caselaw 3093 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 455 of 2021
 

 
Appellant :- District Basic Education Officer And 2 Others
 
Respondent :- Raghunandan Rajpoot And 3 Others
 
Counsel for Appellant :- Chandrakesh Rai
 
Counsel for Respondent :- Ganga Bhushan Mishra
 

 
Hon'ble Pritinker Diwaker,J.

Hon'ble Ashutosh Srivastava,J.

This intra-Court appeal has been filed assailing the order dated 9.7.2021 passed by a learned Single Judge of this Court in Writ-A No.4570 of 2021 (Raghunandan Rajpoor vs. State of UP & Others).

Learned Single Judge, by the impugned order, has proceeded to allow the writ petition following a judgment of this Court passed in Writ-A No.17399 of 2019 (Usha Rani vs. State of UP & Others) and has observed that the petitioner would be entitled for release of the gratuity payable in terms of the Government Order dated 16.9.2009.

Learned counsel for the appellants has assailed the order of the learned Single Judge on the ground that the decision in the case of Usha Rani (supra) had been assailed by way of a Special Leave Petition before the Apex Court, being SLP No.19089 of 2021 (The State of Uttar Pradesh & Ors vs. Usha Rani) and the said SLP was stated to be pending when the present appeal was preferred. However, today, learned counsel for the appellants fairly submits that the said SLP before the Apex Court has been withdrawn by the State and, in fact, the Apex Court has further directed the State Authority to make the payment of gratuity in terms of the order of this Court. The decision of the Apex Court has been shown to this Court, which is taken on record.

In view of the above, nothing further survives in the present special appeal and the same is, accordingly, dismissed.

Order Date :- 16.5.2022

RKK/-

(Ashutosh Srivastava, J)     (Pritinker Diwaker, J)