Smt. Mamta Devi vs State Of U.P. And 2 Others
2023 Latest Caselaw 6355 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 3772 of 2023
 

 
Petitioner :- Smt. Mamta Devi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Quazi Mohammad Akaram
 
Counsel for Respondent :- C.S.C.,Arun Kumar
 

 
Hon'ble Vikas Budhwar,J.

Heard learned counsel for the parties.

Grievance of the petitioner is that the husband of writ petitioner namely Sanjay Kumar Jain, died-in-harness on 29.12.2011 while serving as Assistant Teacher in Primary School, Madaraha, Block- Meja, District- Prayagraj.

As per the writ petitioner all the retirement dues had been paid except death cum retirement gratuity. It has been argued that the only ground on which death cum retirement gratuity has been withheld is that the deceased did not exercise option of retiring at 60 years (earlier 58 years).

Learned counsel for the petitioner has invited the attention of the court towards the order dated 7.11.2019 passed in Writ A No.17399 of 2019, Usha Rani Vs. State of U.P. and others so as to contend that the said ground is not available to the respondents.

Learned counsel for the respondent Nos. 2 and 3 has submitted that they do not want to file their response and the law mandated by this Court in Usha Rani (Supra) stands applicable in the present case.

It is the further submission that in view of the Government Order dated 03.02.2023 now the State has himself taken a decision that they would not withhold gratuity on the said premise. Learned Standing Counsel as well as the counsel for the respondents, on the other hand have not disputed the applicability of the judgment in Usha Rani (Supra) case as well as the Government Order dated 03.02.2023. According to them since the matter is to be first decided at the first instance by the third respondent, District Basic Education Officer, Prayagraj, thus, the writ petition be disposed of requiring the writ petitioner to prefer a comprehensive representation before the concerned officer, District Basic Education Officer, Prayagraj.

Considering the submission of the rival parties the writ petition is disposed of with granting liberty to the writ petitioner to prefer a comprehensive representation before the third respondent who shall after receipt of the same proceed to decide within a period of six weeks from the date of production of the certified copy of the order. Before deciding the case of the writ petitioner, the entitlement of the writ petitioner and competing claims, if any, shall also be looked into.

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

Needless to point out that this court has not adjudicated the matter on the merits.

Order Date :- 28.2.2023

Rajesh