Allahabad High Court
Smt. Harish Devi vs State Of Up And 4 Others on 7 February, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 1847 of 2023
Petitioner :- Smt. Harish Devi
Respondent :- State Of Up And 4 Others
Counsel for Petitioner :- Gopal Krishna Pandey
Counsel for Respondent :- C.S.C.,Pradeep Singh Sengar
Hon'ble Vikas Budhwar,J.
Heard Sri Gopal Krishna Pandey, learned counsel for the petitioner, learned Standing Counsel who appears for the respondents 1,2 & 3 as well as Sri Pradeep Singh Sengar, for respondents 4 and 5.
Grievance of the writ petitioner is that her husband namely Sanjeev Kumar was initially appointed as Assistant Teacher on 2.7.1993 and while serving at Primary School Matnawali, Block Hapur, District Ghaziabad, he died in harness on 10.11.2010. It is a case of the writ petitioner that G.P.F. and family pension has been paid but death cum retirement gratuity has not been paid till date. In para 12 of the writ petition it has further been averred that the only grounds on which the death cum retirement gratuity sought to be withheld is the fact that option had not been applied for retirement at the age of 60 (which was earlier 58).
Learned counsel for the petitioner has invited attention of the court toward the judgment in Writ-A No.17399 of 2019, Usha Rani Vs. State of U.P. and 6 others decided on 7.11.2019 wherein the said objection of the respondents has been turned out.
Prayer in the present petition is to command the fourth respondent, District Basic Education Officer, Hapur to decide the claim of payment of death cum retirement gratuity.
Learned Standing Counsel for the respondents 1,2 & 3 as well as Sri Pradeep Singh Sengar, for respondents 4 and 5 have argued that there is no written order denying the payment of death cum retirement gratuity barring the allegations contained in para 12 of the writ petition. They further submit that the writ petitioner may approach the fourth respondent District Basic Education Officer, Hapur while filing a comprehensive representation which shall be addressed to while passing a speaking order.
Having heard the learned counsel for the parties and in view of categorical submissions so made by the respondents the present writ petition is disposed off with liberty to the writ petitioner to prefer a representation before the respondent no. 4 District Basic Education Officer, Hapur raising all his grievances and in case the same is filed then the fourth respondent shall decide the same in accordance with law and strictly in light of the mandate in the case of Usha Rani (Supra) within a period of six weeks from the date of the production of the certified copy of this order.
It is further provided that in case there is any deficiency of any document which is required for redressing the claim of the writ petition then the same may be apprised to the writ petitioner and the writ petitioner shall furnish the same. The question regarding entitlement of gratuity in the back ground of any conflicting claim shall also be addressed by the fourth respondent.
Needless to point out that this court has not adjudicated the matter on the merits and the same is subject to legal impediment if any.
With the aforesaid observations, the writ petition stands disposed off.
Order Date :- 7.2.2023
piyush
