Saritha Kumari Singh vs State Of U.P. And 4 Others
2023 Latest Caselaw 18921 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:149599
 
Court No. - 35
 

 
Case :- WRIT - A No. - 11909 of 2023
 

 
Petitioner :- Saritha Kumari Singh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ajal Krishna,Kamal Kumar Kesherwani
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikas Budhwar,J.

Heard learned counsel for the parties.

Grievance of the writ petitioner is that husband of the petitioner namely, Dr. Rajesh Pratap Singh while working as Lecturer in Raja Harpal Singh Inter College Singramau, District Jaunpur, died-in-harness on 31.12.2011

According to the writ petitioner all the terminal benefits have been paid except death-cum-retirement gratuity. Learned counsel for the petitioner has drawn the attention of the Court towards para 14 so as to contend that the only ground on which the gratuity is being withheld is that the petitioner's husband did not exercise option of being retired at the age of 60 years. Learned counsel for the petitioner invited the attention of the Court towards the judgment inWRIT - A No. 14575 of 2021 ( Shikha Sharma Widow Vs. State Of U.P. And 3 Others ) decided on 21.06.2022 so as to contend now the said objection is not available to the respondents. Learned Standing Counsel as well as the counsel appearing for respondents on the basis of the instructions have argued that the case of the writ petitioner stands covered by the decision ofShikha Sharma Widow (supra) and they do not propose to file any counter affidavit in that regard. According to them the grievances of the writ petitioner can very well be addressed by the third respondent, Deputy Director of Education (Secondary) Fifth Region, Varanasi.

Considering the submissions of the rival parties as well as the statement made by the respondents, they do not propose to file any response to the writ petition, the writ petition is disposed of with granting liberty to the petitioners to prefer a comprehensive representation before the third respondent, Deputy Director of Education (Secondary) Fifth Region, Varanasi who shall endeavour to decide the same within a period of six weeks from the date of production of the certified copy of the order, after considering the entitlement of the petitioner and any competing claims in this Court. At this juncture, learned Standing Counsel as well as counsel appearing for the respondents have relied upon the Government Order dated 14.06.2023 so as to further contend that now the claim of the writ petitioner shall not be rejected on the ground that option has not been exercised.

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

Needless to point out that this Court has not adjudicated upon the merits of the case.

Order Date :- 25.7.2023

Rajesh