Smt. Rajendri Kumari vs State Of U.P. And 4 Others
2023 Latest Caselaw 22982 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:169598
 
Court No. - 35
 

 
Case :- WRIT - A No. - 12434 of 2023
 

 
Petitioner :- Smt. Rajendri Kumari
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ram Krishna Patel,Rajesh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikas Budhwar,J.

Heard learned counsel for the writ petitioner and Sri Atul Khaneja State Law Officer who appears for respondents No.1 to 4.

In view of the order, which is being proposed to be passed today, notices are not being issued to the fifth respondent.

The case of the writ petitioner is that her husband namely, Gaya Deen Pal who was granted appointed on the post of Assistant Teacher (L.T. Grade) in Sanskrit in Janata Inter College Nawabganj, Farrukhabad on 19.07.1972 and who was accorded promotion as Lecturer (Maths), died-in-harness on 18.08.1987. It is further the case of the writ petitioner that pensionary benefits have been paid but on account of non-exercise of option the death-cum-retirement gratuity is not being paid. Reliance has been place upon the decision in Writ A No. 7416 of 2019 (Smt. Sarvesh Kumari Vs. State of U.P. & Others) decided on 14.05.2019 and other judgments as well as the Government Order dated 14.05.2023.

Prayer in the present petition is for a direction to the respondents to pay death-cum-retirement gratuity. Sri Atul Khaneja State Law Officer, on the other hand, submits that no fruitful purpose will be served in detaining the writ petition on board as according to him he does not propose to file any response, however, the writ petitioner may represent his cause before the third respondent, Regional Deputy Director, Secondary Education, Kanpur Region, Kanpur who shall address her claim.

Considering the submission of the rival as well as the stand taken by them, the writ petition is being disposed of without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation before the third respondent who shall on the receipt of the same along with the self attested copy of the writ petition decide the claim of the writ petitioner as well as competing claim, if any, strictly in accordance with law within a period of two months from the date of receipt of the certified copy of the order after putting to notice fifth respondent.

Needless to point out that the writ petition is being disposed of without seeking any response from the respondents and thus passing of the order may not be construed to an expression that this Court has adjudicated the matter on merits

Order Date :- 23.8.2023

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