Arti Devi vs State Of U.P. And 2 Others
2023 Latest Caselaw 19488 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:150073
 
Court No. - 35
 
Case :- WRIT - A No. - 12128 of 2023
 

 
Petitioner :- Arti Devi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shachindra Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikas Budhwar,J.

Heard Sri Sachindra Kumar Mishra, learned counsel for the petitioner and Sri Santosh Kumar, the learned Standing Counsel, who appears for the Respondents.

The case of the writ petitioner is that her husband late Raghvendra Singh, who was working as the Assistant Teacher in the attached Primary Vidyalaya, Jawahar Lal Krishak Inter College Maduabari Lar Road, Deoria, died in harness on 16.02.2012. Though his G.P.F. has been released to the tune of Rs.538197/- and pension has also been paid, but the 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 submits that he does 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 second respondent, Director of Education (Secondary Education) U.P. Lucknow.

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 second respondent, Director of Education (Secondary) U.P. Lucknow, 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 an taking version of the institution whereat the petitioner claims to have worked.

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