Sultana Begum vs State Of U.P. And 4 Others
2023 Latest Caselaw 14194 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 7885 of 2023
 

 
Petitioner :- Sultana Begum
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Akhilesh Kumar Singh,Gaurav Sarkar
 
Counsel for Respondent :- C.S.C.,Pranav Mishra
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner.

The petitioner before this Corurt is a wife of Late Iliyas Alam who died-in-harness in the year 2018 while working as Assistant Teacher, Alia, and yet while the other dues have come to be paid, the retiral dues -cum-gratuity amount in respect of her late husband has not been paid till date.

Learned counsel for the petitioner in this regard has relied upon the Government Order dated 27th August, 2018 wherein gratuity has been made admissible to such teachers who opt for age of superannuation as 60 years. Thus the argument is that since petitioner has been died-in-harness before he could exercise option, benefit of gratuity should not be denied to the petitioner in the light of decision of this Court in the case of Usha Rani v. State of U.P. and 6 Others, passed in Writ A No. 17399 of 2019 decided on 7.11.2019 against which special appeal as well special leave petition have already been dismissed.

It is argued that the State being the model employer is equally bound to follow the dictum of law of the said judgment while following the same in matters of Assistant Teachers of Junior Basic Schools as well as Assistant Teachers of High Schools and Intermediate Colleges.

The argument advanced by learned counsel for the petitioner appears to be sound enough and the matter, therefore, needed to be examined and appropriate order is required to be passed by the authority concerned in the light of law laid and discussed above.

Learned Standing Counsel appearing for the State respondents as well as Sri Pranav Mishra, learned counsel for respondent no. 3 do not have any objection in the event matter is directed to be examined and disposed of at the end of the District Minority Welfare Officer in the first instance.

In view of above, the writ petition stands disposed of with direction to the petitioner to approach the authority within a period of three weeks from today afresh alongwith certified copy of this order and in the event any such application is filed as directed hereinabove, the District Welfare Minority Officer, respondent no. 2 will look into the grievance of the petitioner in the light of decisions of this Court passed in Usha Rani (supra) and shall dispose of the matter as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order and it is further directed that if the petitioner is held entitled as claimed by her, the same shall be accorded to her in terms of release of gratuity amount within a period of next thirty days .

Order Date :- 5.5.2023

Sanjeev