Chandra Kishore Mishra vs State Of U.P. Thru. Secy. Deptt. Of ...
2023 Latest Caselaw 8285 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 2325 of 2023
 

 
Petitioner :- Chandra Kishore Mishra
 
Respondent :- State Of U.P. Thru. Secy. Deptt. Of Basic Edu. Lko. And 2 Others
 
Counsel for Petitioner :- Sudhir Kumar Misra
 
Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla
 

 
Hon'ble Alok Mathur,J.

1. Present petition has been filed by the petitioner seeking payment of gratuity of his late wife.

2. It is submitted by learned counsel for the petitioner that his late wife Joyti Mishra was initially appointed on the post of Assistant Teacher on 03.04.1972, in Primary School, Hanuman Mandir, Nagar Binswam District - Sitapur, while in service she died on 17.12.2003. After the death of his wife, petitioner moved an application for grant of terminal dues payable to his wife and the entire dues were paid except to gratuity. For payment of gratuity, the petitioner made several representations before respondent no. 2, but no decision has been taken till date.

3. In support of his submissions learned counsel for the petitioner has placed reliance on the judgment of this Court in the case of Usha Rani Vs. State of U.P. and Others - Writ - A No. 17399 of 2019 (decided on 07.11.2019).

4. In the Usha Rani's case (supra) an order passed by the authority concerned has been challenged whereby payment of gratuity to the legal heirs of deceased employee has been rejected which is contrary to the law laid down in the case of Usha Rani (supra). The special appeal filed against the said order was dismissed on 28.01.2021 against which S.L.P. No.19089 of 2021 (State of U.P. & Ors. v. Usha Rani) was filed which too was dismissed on 29.04.2022.

5. Accepting the said position, Government Order dated 10.01.2023 has been issued wherein the claims have been directed to be decided.

6. In view of the above, the respondents are directed to decide the claim of the petitioner afresh in the light of the judgment of Usha Rani (supra) and the Government Order dated 10.01.2023.

7. It is made clear that the claim shall not be rejected on the ground that the option was not given prior to the death of the employee.

8. The decision, as directed above, shall be taken within a period of three months from the date of production of certified copy of this order.

9. The writ petition is disposed of in above terms.

Order Date :- 21.3.2023

A. Verma

(Alok Mathur, J.)