Reshu Alias Reshu Tiwari vs State Of U.P. Thru. Its Secy. Basic ...
2022 Latest Caselaw 3449 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 2865 of 2022
 

 
Petitioner :- Reshu Alias Reshu Tiwari
 
Respondent :- State Of U.P. Thru. Its Secy. Basic Education Deptt. And 5 Others
 
Counsel for Petitioner :- Ramesh Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Rajiv Singh Chuahan,Ran Vijay Singh
 

 
Hon'ble Rajan Roy,J.

Heard.

The petitioner's mother, an Asstt. Teacher in a Primary School, Mohammadpur Asoha, Narainpur, Unnao, is said to have died on 30.11.2015 while she was in service. She died at the age of 55 years and 11 months. The petitioner claims gratuity which, according to her, is not being extended to her, as her mother had not exercised any option in terms of the government orders.

Counsel for the petitioner, however, relies upon various judgments of this court wherein it has been held that non-submission of an option in the event the employee dies suddenly would not come in the way of grant of gratuity. Reference has been made to various judgments one of which is dated 25.3.2021 rendered in writ petition No. 5351 (SS) of 2021.

Considering the fact that the mother, if she was employed as Asstt. Teacher, died at the age of 55 years 11 months, she could not have possibly foreseen her death and had not reached anyway near 60 years, therefore, there was no occasion for her to have exercised the option for payment of gratuity as per the relevant government orders, therefore, in view of the Division Bench 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 Angoori Devi v. Regional Joint Director of Education, Agra Region & ors., 2012 (1) LCD 674 and several other cases as also a recent decision dated 19.3.2021 in writ petition No. 5341 (SS) of 2021 the concerned opposite party is directed to consider the claim of the petitioner for gratuity, aforesaid, and pass a reasoned order in accordance with law within 6 weeks from the date a certified copy of this order is submitted before him. Claim of the petitioner shall not be rejected on the ground that her mother had not exercised her option, as referred hereinabove, as there was no occasion for the same. The writ petition is disposed of in the aforesaid terms.

Order Date :- 19.5.2022/A.Nigam