Rajkumari vs State Of U P And 5 Others
2023 Latest Caselaw 4371 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 2101 of 2023
 

 
Petitioner :- Rajkumari
 
Respondent :- State Of U P And 5 Others
 
Counsel for Petitioner :- Girdhar Prasad Tripathi
 
Counsel for Respondent :- C.S.C.,Shashi Kant Verma
 

 
Hon'ble Vikas Budhwar,J.

Heard Sri Girdhar Prasad Tripathi, learned counsel for the petitioner, learned Standing Counsel, who appears for respondents 1 and 2 as well as Shashi Kant Verma for respondents 4, 5 and 6.

Prayer in the present petition is for according consideration on the claim of the writ petitioner for the grant of death-cum-retiral gratuity on account of the death of her husband, who was an Assistant Teacher in Primary School, Muradpura, Development Block - Bahara, District Muzaffarnagar.

Learned counsel for the petitioner argued that till date no action whatsoever has been taken in this regard despite the fact that the objection of the respondent with regard to non exercise of option to retire is no more available.

In view of the judgment passed in Writ-A No.17399 of 2019, Usha Rani Vs. State of U.P. and others as well as the Government Order dated 3.2.2023, learned Standing Counsel as well as the counsel appearing for the respondents 4, 5 and 6 have made a statement that they do not propose to file any response, however, the writ petition be disposed of requiring the petitioner to prefer a comprehensive representation before the fifth respondent i.e. District Basic Education Officer, District Muzaffarnagar, who shall consider the grievance of the writ petitioner in accordance with law.

Considering the submissions of rival parties, the present petition is being disposed of requiring the writ petitioner to prefer a comprehensive representation before respondent no.5 who shall after receipt of the same, decide the same in accordance with law in the light of the mandate of this Court as well as the Government Order as referred to above.

Needless to point out that this Court has not adjudicated on the merits of the matter, but respondent no.5 shall consider the entitlement of the writ petitioner as well as any other competing claims also.

Order Date :- 10.2.2023

CS/-