Asha Srivastava vs State Of U.P. And 4 Others
2023 Latest Caselaw 14910 ALL

Citation : 2023 Latest Caselaw 14910 ALL
Judgement Date : 11 May, 2023

Allahabad High Court

Asha Srivastava vs State Of U.P. And 4 Others on 11 May, 2023

Bench: Saurabh Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:102769
 
Court No. - 38
 

 
Case :- WRIT - A No. - 7797 of 2023
 

 
Petitioner :- Asha Srivastava
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Navin Kumar Sharma
 
Counsel for Respondent :- C.S.C,Arun Kumar
 

 
Hon'ble Saurabh Srivastava,J.

1. Heard learned counsel for the petitioner and learned Standing Counsel for State Respondents.

2. The husband of petitioner while working as Head Master at Primary School Siyadeeh, Block Handia, District Prayagraj, died on 10.08.2018. It is contended that as per the amending Act No. 47 of 2009 of the Payment of Gratuity Act, the teachers are held entitled for gratuity.

3. This position has also been clarified by the Apex Court in the judgment and order dated 7th March, 2019 passed in Civil Appeal No. 2530 of 2012 (Birla Institute of Technology vs. The State of Jharkhand and others).

4. The petitioner has moved a representation dated 17.03.2023, which is pending consideration before the District Basic Education Officer, Prayagraj.

4. Be that as it may, in view of the fact that the claim made by the petitioner is required to be considered at the ends of Respondent No.4, this Court does not find any reason to keep the present writ petition pending.

5. The writ petition is, therefore, being disposed of with the direction to the Respondent no. 4 namely the District Basic Education Officer, District Prayagraj, to consider the claim of the petitioner for grant of gratuity in the light of amendment made by amending Act No. 47 of 2009 in the Payment of Gratuity Act and the position of law declared by the Apex Court in the judgment and order dated 7th March, 2019, as aforesaid.

6. An expeditious decision, shall be taken by passing a reasoned and speaking order in accordance with law, preferably, within a period of one month from the date of submission of certified copy of this order.

Order Date :- 11.5.2023

Gaurav