Skmt. Mithlesh Kumari vs State Of U.P. And 4 Others
2023 Latest Caselaw 18098 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:143084
 
Court No. - 35
 

 
Case :- WRIT - A No. - 11072 of 2023
 

 
Petitioner :- Skmt. Mithlesh Kumari
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ram Krishna Patel,Rajesh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikas Budhwar,J.

Heard Sri Rajesh Kumar, learned counsel for the petitioner and Sri Gaya Prasad Singh, learned Standing Counsel, who appears for the respondents no. 1 to 4.

In view of the order, which is being proposed to be passed today, notices are not being issued to the fifth respondent.

The case of the writ petitioner is that her husband, namely, Late Greesh Chandra Mishra, who was working as Assistant Teacher in the fifth respondent institution, died-in-harness on 07.08.1993, according to the writ petitioner the family pension has been admissible but death-cum retirement gratuity has not been granted on the ground that the husband of the writ petitioner did not file an option 60 years or 62 years.

Learned counsel for the writ petitioner has relied upon the Government Order dated 14.6.2023 as well as judgement in the case of Poonam Ojha vs. State of U.P., Writ-A No.17594 of 2022, decided on 01.11.2022 so as to contend that the writ petition is entitled for grant of death-cum-gratuity that the same cannot be denied.

Learned Standing Counsel on the other hand submits that the issue as to whether the writ petitioner is to be accorded consideration for grant of death-cum-retirement gratuity though stands covered under the Government Order dated 14.06.2023 as well as the judgment in the case of Poonam Ojha (supra), is liable to be taken care of at the first instance by the third respondent, Regional Deputy Director, Secondary Education, Aligarh Region, Aligarh.

According to the learned Standing Counsel, respondents do not propose to file any response to the writ petition.

Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed off without seeking response from the respondents, granting liberty to the writ petitioner to represent his cause before the third respondent, Regional Deputy Director, Secondary Education, Aligarh Region, Aligarh, who shall proceed to decide the same strictly in accordance with law, in particular, the Government Order dated 14.06.2023, which is stated to be in existence and is governing the field as well as the judgment in the case of Poonam Ojha (supra) within a period of two months from the date of production of certified copy of this order.

Needless to point out that the third respondent before proceeding to consider the claim of the writ petitioner shall look into the competing claim, if any.

With the aforesaid observation writ petition stands disposed off.

Order Date :- 19.7.2023

N.S.Rathour