Smt. Susheela Gupta vs State Of U.P. And 2 Others
2023 Latest Caselaw 13569 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 7511 of 2023
 

 
Petitioner :- Smt. Susheela Gupta
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Quazi Mohammad Akaram
 
Counsel for Respondent :- CSC,Arun Kumar
 

 
Hon'ble Saurabh Srivastava,J.

1. Heard Mr. Quazi Mohammad Akaram, learned Counsel for the petitioner, learned Standing Counsel for the State Respondent Nos.1 and 2 and Sri R.P. Shukla, learned counsel holding brief of Sri Arun Kumar, learned counsel for the Respondent No.3.

2. The present petition has been filed seeking the following relief:-

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to compute the amount payable to petitioner's husband towards gratuity in terms of the scheme and release the same in favour of the petitioner with 18% interest within stipulated period.

b) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to consider and decide the representation of the petitioner dated 05.01.2023 within stipulate period, which is pending before the respondent no.3."

3. It is the case of the petitioner that her husband, namely, Kisalay Gupta was initially appointed as an Assistant Teacher on 07.09.2018 and while working at Primary School, Kapuri, Block Manda, Tehsil Meja, Prayagraj, he died on 28.04.2021 before his retirement. After his death, family pension and other dues have been paid to the petitioner except gratuity. The petitioner has moved a representation on dated 05.01.2023 for extension of gratuity in her favour which is still pending to be adjudicated by the competent authority.

4. For substantiating the arguments as raised by learned counsel for the petitioner, he relied upon the judgment of this Court in Usha Rani Vs. State of U.P. and others (Writ A No.17399 of 2019, decided on 07.11.2019).

5. Learned counsel appearing on behalf of the respondent no.3 submits that an appropriate direction may be issued to the Respondent No.3 to examine the claim of the petitioner in light of the judgment in the case of Usha Rani (supra).

6. Be that as it may, without entering into the merits of the case as well as if there is no other legal impediment, the respondent no.3 is hereby directed to consider and decide the representation of the petitioner dated 05.01.2023 in light of the judgment in the case of Usha Rani (supra) as expeditiously as possible, preferably within a period of two months from the date a certified copy of this order is produced before him. All consequential action shall be taken without any further loss of time.

7. It is made clear that the petitioner's claim for extension of gratuity in her favour shall not be rejected on the ground that "Option Form" has not been filled up by the husband of the petitioner.

8. The writ petition stands disposed of accordingly.

Order Date :- 1.5.2023

Vivek Kr.