Allahabad High Court
Devrati Devi vs State Of U.P. And 3 Others on 24 February, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 3485 of 2023
Petitioner :- Devrati Devi
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Neeraj Shukla,Prabhakar Kumar Mishra
Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh
Hon'ble Vikas Budhwar,J.
Heard Shri Prabhakar Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel and Shri Vikram Bahadur Singh who appears for the respondents.
At the very outset, learned counsel for the writ petitioner has made a statement at bar that there is certain typographical error in para nine of the writ petition. However, the same may not be of much relevance as other paragraph of the writ petition makes the factual situation clear.
Grievance of the writ petitioner is that her husband namely Late Ram Aasre Verma who was working as an Assistant Teacher in Primary School Sonahi, Block- Hasawa, District Fatehpur, died in harness 31.08.2000, though all the terminal dues were paid except death cum retirement gratuity.
Accordingly to the learned counsel for the petitioner, merely non-exercise of option to retire has been made a basis to withhold death cum retirement gratuity which is not justified in view of the mandate of this Court in Writ A No.17399 of 2019, Usha Rani Vs. State of U.P. and others decided on 07.11.2019 as well as the government order dated 03.02.2023.
Learned Standing Counsel as well as the counsel appearing for the respondent no. 3 and 4 on the other hand, have argued that the issue with regard to the payment of death cum retirement gratuity is to be decided at the first instance by the third respondent, District Basic Education Officer, District Fatehpur, while according consideration upon judgment of the mandate in Usha Kumari supra's case as well as the government order dated 03.02.2023 as claimed by the petitioner to be attracted in his case. It is the submission of the learned counsel for the respondents that they do not propose to file any affidavit as the matter is to be decided at the first instance of the third respondent.
Considering the submission of the rival parties as well as the stand taken by them, the writ petition is disposed of with a liberty to the writ petitioner to file a comprehensive representation before the third respondent District Basic Education Officer, District Fatehpur who shall on the receipt of the same address the claim of the writ petitioner within a period of six weeks from the date of representation of the copy of the order. Before proceeding to decide the entitlement of the writ petitioner and the competing claims, if any, are to be addressed also. Subject to said observation, writ petition has been disposed of.
Needless to point out that this court has not adjudicated the matter on the merit.
Order Date :- 24.2.2023
M.S. Ansari
