Satish Kumar Singhal vs State Of U.P. And 2 Others
2023 Latest Caselaw 5141 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 2078 of 2023
 

 
Petitioner :- Satish Kumar Singhal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Santosh Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Yogendra Singh Bohra
 

 
Hon'ble Vikas Budhwar,J.

Heard counsel for the parties and perused the record.

Grievance of the writ petitioner is that his wife namely, Late Suman Kumari Gupta who was working as an Assistant Teacher in Primary School Panhaithi, Block Dhanipur, District Aligarh, died in harness on 24.10.2020. According to the petitioner all the terminal benefits have been paid to the petitioner except death-cum-retirement gratuity. It has been further argued that the only ground on which the death-cum-retirement gratuity is withheld is that the deceased did not exercise the option to be retired at 60 years (which is earlier 58). Reliance has been placed upon the decision dated 07.11.2019 passed in Writ- A No. 17399 of 2019, Usha Rani Vs. State of U.P. and 6 others so as to contend that the said objection is not available to the respondents.

Learned Standing Counsel as well as counsel for the respondents, on the other hand, has not disputed the applicability of the judgment in the case in Usha Rani (Supra), however, according to them the case of the petitioner at the first instance is to be decided by the respondent no. 2, District Basic Education Officer, Aligarh. Accordingly the present writ petitioner without calling for the respondent is being disposed off granting liberty to the writ petitioner to file a comprehensive representation before the second respondent, District Basic Education Officer, Aligarh, who shall decide the claim of the writ petitioner within a period of six weeks. It is further provided that the second respondent, District Basic Education Officer, Aligarh shall decide the entitlement of the writ petitioner as well as the competing claim of other persons with regard to payment of death- cum- retirement gratuity. In case, some other documents are required by the second respondent then the petitioner shall be apprised of the same so as to enable the writ petitioner to provide the necessary inputs in that regard.

Needless to point out that this court has not adjudicated the matter on the merits and the same is subject to legal impediment if any.

With the aforesaid observations, the writ petition stands disposed off.

Order Date :- 15.2.2023

Nisha