Ajay Kumar vs State Of U.P. And 2 Others
2023 Latest Caselaw 4094 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 1928 of 2023
 

 
Petitioner :- Ajay Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Phool Singh
 
Counsel for Respondent :- C.S.C,Shashi Kant Verma
 

 
Hon'ble Vikas Budhwar,J.

Heard Sri Phool Singh, learned counsel for the petitioner, learned Standing Counsel, who appears for respondent no. 1 and Sri Shashi Kant Verma, who appears for respondent nos. 2 and 3.

Grievance of the petitioner is that the his wife Smt. Geeta Singh (since deceased) who was working as Assistant Teacher in Basic School, Sikandarpur Nahrausa, Block- Nawabganj, District- Farrukhabad died in harness on 23.11.2019, though all the terminal benefits have been paid except death-cum-retirement gratuity was not paid. According to learned counsel for the petitioner, the ground on which the same is withheld is that the petitioner's wife did not exercise the option to be retired at 60 years (which was earlier 58 years). While relying upon the judgment in the case of Usha Rani Vs. State of U.P. and 6 others in Writ- A No. 17399 of 2019, decided on 07.11.2019 it has been argued that the said ground is not available to the respondents.

Learned Standing Counsel as well as the counsel, who appears for the respondent nos. 2 and 3 on the other hand have not disputed the factum of the legal proposition and its applicability in the present case. However, according to them, the writ petition be disposed off enabling the third respondent, District Basic Education Officer, Farrukhabad to redress the grievance of the writ petitioner. Additionally, it has been further argued that a Government Order dated 03.02.2023 has been issued whereby the now the claims are not being rejected on the said premise.

Considering the rival submissions of the parties as well as the statement made by them that they do not propose to file any affidavit, the writ petitioner is being disposed off with a direction that liberty is granted to the writ petitioner to file a comprehensive representation before the third respondent, District Basic Education Officer, Farrukhabad, who shall on the receipt of the representation proceed to decide the claim of the writ petitioner regarding his entitlement and all his competing claims within six weeks' from the date of production of the certified copy of the order. Needless to point out that this Court has not entered into the merits of the matter.

Order Date :- 8.2.2023

Nisha