District Basic Education Officer vs Usha Tripathi
2023 Latest Caselaw 10262 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Order Reserved On:-04.04.2023
 
Order Delivered On:-07.04.2023
 

 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 130 of 2023
 

 
Applicant :- District Basic Education Officer
 
Opposite Party :- Usha Tripathi
 
Counsel for Applicant :- Harsh Vardhan Gupta
 
Counsel for Opposite Party :- Vishnu Shankar Choubey
 

 
Hon'ble Siddharth,J.

1. Heard Shri Harsh Vardhan Gupta, learned counsel for review applicant/respondent and Sri Vishnu Shankar Choubey, learned counsel for opposite party/petitioner.

Order on Delay Condonation Application No. -2022

2. This application has been filed praying for condoning the delay in filing of the above noted review application.

3. For the reasons given in supporting affidavit the delay condonation application is allowed and the review application is treated as having been filed within time through out.

Order on Review Application No. 130/2023.

4. This writ petition was allowed by this Court by the order dated 16.05.2022 relying upon the judgment of this Court in the case of Renu Gupta Vs. State of U.P. and 5 others passed in Writ-A No. 14397/2019.

5. Learned counsel for review applicant submits that in the judgement of Renu Gupta (Supra) it was provided that where the husband of the petitioner died before attaining the age of 60 years and had not given option for retirement at the age of 60 years, gratuity cannot be denied to the petitioner. He has submitted that husband of the petitioner in the present case had died at the age of 61 years, 4 months and 20 days and therefore, the judgment of this court in the case of Renu Gupta (Supra) had no relevance for the present case.

6. Counsel for the petitioner/opposite party has placed before this Court, the Government Order Dated 03.02.2023 and has submitted that it provides that those employees who opted for retirement at the age of 62 years, but before exercising the option to change their date of retirement died, gratuity would be paid to them.

7. After hearing the rival contentions, this Court finds that in the case of Renu Gupta (Supra) death before attaining the age of 60 years was only consideration and not death after 60 years and before 62 years. It is not the case of petitioner that her husband opted retirement at the age of 62 years.

8. Hence, order passed by this Court dated 16.05.2022 is reviewed and recalled.

9. Review application is allowed.

10. List the writ petition before appropriate court for deciding the issue whether the petitioner is entitled to any relief as per Government Order Dated 03.02.2023, placed before this court by the learned counsel for petitioner.

Order Date:07.04.2023

Abhishek