Smt. Rajbala Sharma vs State Of U.P. And 4 Others
2023 Latest Caselaw 19371 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:150133
 
Court No. - 35
 

 
Case :- WRIT - A No. - 12175 of 2023
 

 
Petitioner :- Smt. Rajbala Sharma
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Kamal Kumar Kesherwani
 
Counsel for Respondent :- CSC
 

 
Hon'ble Vikas Budhwar,J.

Heard Sri Kamal Kumar Keshwerwani, learned counsel for the petitioner and Sri Santosh Kumar, the learned Standing Counsel, who appears for the Respondent nos. 1 to 4.

In view of the order, which is being proposed to be passed today, notices are not being issued to Respondent no.5.

The case of the writ petitioner is that her husband late Chandra Bhanu Sharma, who was working as the Assistant Teacher in the A. Janta Industrial Higher Secondary School, Puthad, District Bahpat, died in harness on 08.01.2006. Though all dues as well as the family pension have been sanctioned and released in favour of the petitioner, but the amount of gratuity has not been paid. Learned counsel for the petitioner relies upon the judgment passed in Writ-A No.14575 of 2019, Shikha Sharma Vs. State of U.P. and others, decided on 21.06.2022 so as to contend that 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 of Shikha Sharma (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) First Region Meerut.

Considering the submissions of the rival parties as well as the statement made by the respondents that they do not propose to file any response to the writ petition, the writ petition is being disposed off granting liberty to the petitioners to prefer a comprehensive representation before the third respondent, Deputy Director of Education (Secondary) First Region Meerut, 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 after putting to notice to the fifth respondent.

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 off.

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

Order Date :- 27.7.2023

N.S.Rathour