Smt.Prabha Devi vs State Of U P And 2 Others
2023 Latest Caselaw 4007 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 1973 of 2023
 

 
Petitioner :- Smt.Prabha Devi
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Vijay Bahadur Maurya,Vikas Rastogi
 
Counsel for Respondent :- C.S.C.,Archana Singh,Harsh Vardhan Gupta
 

 
Hon'ble Vikas Budhwar,J.

Heard Sri Vikas Rastogi, learned Counsel for the petitioner, Ms Dolly Dwivedi, A.O.R. No. A/D0447/2021, holding brief of Ms. Archana Singh for the respondent no. 2 and Sri Anshul Bansal, Advocate, holding brief of Mr. Harsh Varsdhan Gupta for the respondent no. 3.

Grievance of the writ petitioner is that the husband of the petitioner late Surendra Singh who was working as Assistant Teacher in the Primary School, Aanwala, Block & District Kaushambi who was promoted to the post of Head Master in Primary School Babhankanti, Block & District Kaushambi, died in harness on 30.01.2014. It has been further argued that though the terminal benefits have been granted but the death cum retirement gratuity has not been paid on the pretext that option has not been applied by the deceased to retire at the age of 60 years (earlier 58 years).

Learned Counsel for the petitioner has relied upon the judgment in Writ Petition No. 17399 of 2019 (Usha Rani v. State of U.P and others), decided on 07.11.2019 so as to contend that the said option is not available to the respondent.

Learned Standing Counsel as well as the Counsel appearing for other respondents have conceded to the fact that the law propounded in Usha Rani (supra) has been applied in the present case and in case the petitioner is directed to prefer representation before the third respondent, Basic Shiksha Adhikari, District Kaushambi, then the grievance will be redressed. Additionally is has been argued that a Government Order dated 03.02.2023 has been issued, whereby new ground relating to exercise of option is not being pressed upon by the State Government. A further submission has been made by the learned Counsel for the respondent that they do not intend to file their response and the petition be decided at the fresh state itself.

Considering the submissions of the rival parties, the present petition is being disposed of with granting liberty to the writ petitioner to prefer a composite representation before the third respondent, Basic Shiksha Adhikari, District Kaushambi, who shall address the same within a period of six weeks from the date of production of the certified copy of the order and also determine the entitlement of the writ petitioner and competing claims, if any.

Needless to point out that this Court has not adjudicated the matter on merits.

Order Date :- 8.2.2023

Prashant