Onam vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 3902 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 1124 of 2023
 

 
Petitioner :- Onam
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education Lko. And 4 Others
 
Counsel for Petitioner :- Anand Pal Singh,Anshuman Singh Rathore
 
Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Vindhya Washini Kumar
 

 
Hon'ble Pankaj Bhatia,J.

Present petition has been filed challenging the order dated 15.09.2022 whereby the claim of the petitioner for retirement-cum-death gratuity has been rejected.

The said order is clearly contrary to the law laid down in the case of Usha Rani v. State of U.P. & Ors. (Writ - A No.17399 of 2019) decided on 07.11.2019. The special appeal filed against the said order was dismissed on 28.01.2021 against which S.L.P. No.19089 of 2021 (State of U.P. & Ors. v. Usha Rani) was filed which too was dismissed on 29.04.2022.

Accepting the said position, Government Order dated 10.01.2023 has been issued wherein the claims have been directed to be decided.

In view of the above, the impugned order dated 15.09.2022 is set aside.

The respondents are directed to decide the claim of the petitioner afresh in the light of the judgment of Usha Rani (supra) and the Government Order dated 10.01.2023.

It is made clear that the claim shall not be rejected on the ground that the option was not given prior to the death of the employee.

The decision, as directed above, shall be taken within a period of three months.

The writ petition is disposed off in above terms.

Order Date :- 7.2.2023

nishant