Allahabad High Court
Rekha Tyagi vs State Of U.P. And 3 Others on 21 February, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 3214 of 2023
Petitioner :- Rekha Tyagi
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Kamal Kumar Kesherwani
Counsel for Respondent :- C.S.C.,Jai Krishna Tiwari
Hon'ble Vikas Budhwar,J.
Heard Sri Kamal Kumar Kesherwani, learned counsel for the petitioner, learned Standing Counsel who appears for the respondent nos. 1 and 2 and SriJai Krishna Tiwari, for respondent nos. 3 and 4.
Grievance of the petitioner is that the petitioner's husband namely, Satish Chand Yadav (since deceased) who was working as Headmaster in Primary School Fareed Nagar-2, Block Bhojpur, District Ghaziabad, died in harness on 05.01.2012. It is the case of the writ petitioner that all the terminal benefits have been paid to the petitioner except death-cum-retirement gratuity. The ground for withholding the death-cum-retirement gratuity is that petitioner's husband 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 have argued that the claim of the writ petitioners regarding applicability of the judgment in the case of Usha Rani (Supra) and Government Order dated 03.02.2023 is to be first addressed at the first instance by the third respondent, District Basic Education Officer, Ghaziabad. Thus, the writ petitioner be directed to prefer a comprehensive representation raising his claim before the third respondent.
I have heard the counsel for the parties and perused the record.
Since a stand has been taken by the learned Standing Counsel that the third respondent is to accord consideration to the grievance of the writ petitioner, thus, without calling for counter affidavit, the writ petition is being disposed off granting liberty to the writ petitioner to file a comprehensive representation before the third respondent, District Basic Education Officer, Ghaziabad, who shall decide the claim of the writ petitioner within a period of six weeks. It is further provided that the third respondent, District Basic Education Officer, Ghaziabad 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 third 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 :- 21.2.2023
Nisha
