Dr. Virenda Kumar Tripathi vs State Of U.P. Thru. Secy/ Addl. ...
2023 Latest Caselaw 22638 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55232
 
Court No. - 8
 

 
Case :- WRIT - A No. - 14095 of 2018
 

 
Petitioner :- Dr. Virenda Kumar Tripathi
 
Respondent :- State Of U.P. Thru. Secy/ Addl. Chief Secy. And Ors.
 
Counsel for Petitioner :- Pt. S. Chandra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the parties and perused the material brought on record.

The present writ petition has been filed challenging the order dated 11.04.2018 passed by respondent no. 1 whereby the benefit of post-retirement gratuity has been denied to the petitioner solely on the ground that the option of retirement was not exercised in terms of the Government Order dated 29.08.1981.

The contention of the counsel for the petitioner is that the said is contrary to the law laid down by this Court in catena of decisions. He places reliance on the judgment of this Court in Writ A No. 14575 of 2021 (Shikha Sharma Widow Versus State of U.P. and others ) decided on 21.06.2022.

Learned counsel appearing on behalf of the respondents on the other hand sites the Government Order, which has been issued subsequent to the catena of judgments passed by this Court whereby specific directions have been issued as regards to the payment of gratuity benefits vide Government Order dated 14.06.2023.

In view of the said Government Order, the present writ petition is disposed of directing the respondents to pass a fresh order in the light of the aforesaid Government Order. The fresh order as directed, to be passed within a period of six weeks from the date of production of a certified copy of this order. While doing so, the authorities shall also consider the law laid down in the case of Shikha Sharma Versus State (Supra) and the fresh order shall prevail over and above the order dated 11.04.2018.

Order Date :- 21.8.2023

Arun