Smt. Raj Kumari vs State Of U.P. And 2 Others
2023 Latest Caselaw 4151 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 1680 of 2023
 

 
Petitioner :- Smt. Raj Kumari
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ramesh Chandra Agrahari
 
Counsel for Respondent :- C.S.C.,Chandan Agarwal
 

 
Hon'ble Vikas Budhwar,J.

Heard learned counsel for the parties.

Grievance of the writ petitioner is that her husband namely, Avdhesh Kumar while working as Assistant Teacher at Primary School Hasimpur, Vikas Khand Dataganj, District Badaun, died-in-harness on 01.11.2017.

According to the writ petitioner all the terminal benefits have been paid except death-cum-retirement gratuity. Learned counsel for the petitioner has drawn the attention of the Court towards para 12 so as to contend that the only ground on which the gratuity is being withheld is that the petitioner's husband did not exercise option of being retired at the age of 60 years (earlier 58 years). Learned counsel for the petitioner invited the attention of the Court towards the judgment in Writ-A No. 17399 of 2019 decided on 07.11.2019 so as to contend now the said objection is not available to the respondents. Learned Standing Counsel as well as the counsel who appears for respondents on the basis of the instructions have argued that the case of the writ petitioner stands covered by the decision of Usha Rani (supra) and they do not propose to file any counter affidavit in that regard. According to them the grievances of the writ petitioner can very well be addressed by the second respondent, District Basic Education Officer, District Budaun.

Considering the rival submissions of the parties as well as the statement made by the respondents they do not propose to file response to the writ petition, the writ petition is disposed of with a direction granting liberty to the petitioner to prefer a composite representation before the third respondent who shall endeavour to decide the same within a period of six weeks from the date of production of the certified copy of the order, after considering the entitlement of the petitioner and any competing claims in this Court. At this juncture, learned Standing Counsel as well as counsel who appears for respondents have relied upon the Government Order dated 03.02.2023 so as to further contend that now the claim of the writ petitioner shall not be rejected on the ground that option has not been exercised.

With the aforesaid observation, the writ petition stands disposed of.

Needless to point out that this Court has not adjudicated upon the merits of the case.

Order Date :- 9.2.2023

Rajesh