Smt. Pushpalata Singh vs State Of U.P. Thru. Secy. ...
2023 Latest Caselaw 860 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 4610 of 2022
 

 
Petitioner :- Smt. Pushpalata Singh
 
Respondent :- State Of U.P. Thru. Secy. Madhyamik Siksha, Lko. And 3 Others
 
Counsel for Petitioner :- Badri Prasad Singh,Nitin Padmesh Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard the counsel for the petitioner and the learned Standing Counsel.

The contention of the counsel for the petitioner is that the husband of the petitioner who was employed with the respondent and died on 22.04.2016 has been denied for the payment of gratuity.

It is claimed that although all the post retiral benefits have been paid, the gratuity has been denied solely on the ground that the husband of the petitioner had not opted for retirement prior to the date of his death.

The said question has been conclusively decided by this Court in the case of Usha Rani vs. State of U.P. in Writ A No.17399 of 2019 decided on 07.11.2019.

Considering the said judgment and there being no other reason to take a different view from the said, the present petition is allowed with direction to pay the gratuity to the petitioner within a period three months from today.

It is made clear that the gratuity shall not be denied to the petitioner solely on the ground that the husband of the petitioner has not opted the retirement, prior to his death.

Order Date :- 9.1.2023

VNP/-