Smt. Mansha Devi vs State Of U.P. Thru. Secy. ...
2023 Latest Caselaw 11949 ALL

Citation : 2023 Latest Caselaw 11949 ALL
Judgement Date : 19 April, 2023

Allahabad High Court

Smt. Mansha Devi vs State Of U.P. Thru. Secy. ... on 19 April, 2023

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 23920 of 2021
 

 
Petitioner :- Smt. Mansha Devi
 
Respondent :- State Of U.P. Thru. Secy. Secondary Edu. Lko. And Ors.
 
Counsel for Petitioner :- Krishna Madhav Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Present petition has been filed by the petitioner claiming the benefit of death cum retirement gratuity.

It is argued that the husband of the petitioner died while in service at the age of 56 years, however, the benefit of payment of gratuity is being denied to the petitioner solely on the ground that in terms of the Government Order, the husband of the petitioner did not give any option for retirement at the age of 60 years.

The said stand is also the stand of the respondents in the counter affidavit which is recorded in Para 16 & 18 of the counter affidavit.

Considering the submission made at the Bar, the issue raised is no more res integra and has been decided by this Court. One of the judgments is in the case of Renu Gupta v. State of U.P. & Ors.; Writ - A No.14397 of 2019 decided on 24.10.2019.

Learned counsel for the petitioner places reliance on the judgment of the Hon'ble Supreme Court in the case of State of U.P. v. Smt. Priyanka; 2023 (41) LCD 469 wherein the Hon'ble Supreme Court has directed for payment of gratuity alongwith interest at the rate of 8% per annum. In fact, in the said case, the Supreme Court came down heavily on the State and dismissed the SLP with a cost of Rs.50,000/-.

Considering the submission made at the Bar and the judgments referred above, the writ petition deserves to be allowed and is allowed.

Respondents are directed to ensure payment of gratuity to the petitioner alongwith interest at the rate of 8% per annum from one month after the death of the husband of the petitioner till actual payment/realization within a period of three months from the date of production of a certified copy of this order.

Order Date :- 19.4.2023

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