Smt. Subhadra Devi vs State Of U.P. And 3 Others
2023 Latest Caselaw 6856 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 4064 of 2023
 

 
Petitioner :- Smt. Subhadra Devi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Smriti Srivastava,Meena Mishra
 
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
 

 
Hon'ble Vikas Budhwar,J.

Heard Sri Vineet Mishra (AOR No. A/v-0346/12) holding brief of Ms. Smriti Srivastava, learned counsel for the petitioner, learned Standing Counsel who appears for the respondent nos. 1 and 2 and Sri Vikram Bahadur Singh (AOR No. A/V-0245/12) holding brief of Sri Shyam Krishna Gupta, for respondent nos. 3 and 4.

Grievance of the petitioner is that the petitioner's husband namely, Late Virendra Prasad, who was working as Assistant Teacher at Krishak Poorv Madhyamik Vidyalaya Sisaee, Block Bhatni, District Deoria, died in harness on 13.07.2018. Though, all the terminal benefits have been paid to the petitioner except death-cum-retirement gratuity. Reliance has been placed upon the decision dated 07.11.2019 passed in Writ- A No. 17399 of 2019, Usha Rani Vs. State of U.P. and 6 others as well as the Government Order dated 03.02.2023 that mere non exercise of option cannot be a ground to withhold the death-cum-retirement gratuity.

Learned Standing Counsel as well as Sri Vikram Bahadur Singh holding brief of Sri Shyam Krishna Gupta, learned counsel for respondents, on the other hand have submitted that no fruitful purpose will be solved in detaining the writ petition on board, according to them the writ petition be disposed off directing the writ petitioner to prefer a comprehensive representative before the third respondent, District Basic Education Officer, District Deoria who shall address the claim of the writ petitioner.

Considering the submission of the rival parties, the writ petition is being disposed off granting liberty to the writ petitioner to file a comprehensive representation before the third respondent, District Basic Education Officer, District Deoria, who shall on the receipt of the same, proceed to decide the claim of the writ petitioner strictly in accordance with law bearing in mind the entitlement of the writ petitioner, competing claims as well as the applicability of the judgment in the case of Usha Rani (supra) and the Government Order dated 03.02.2023 within a period of six weeks' from the date of production of certified copy of the order.

Needless to point out that this court has not adjudicated the matter on the merits and the same is subject to legal impediment if any.

With the aforesaid observations, the writ petition stands disposed off.

Order Date :- 2.3.2023

Nisha