Geeta Devi vs State Of U.P. And 2 Others
2023 Latest Caselaw 15648 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:109045
 
Court No. - 38
 

 
Case :- WRIT - A No. - 8646 of 2023
 

 
Petitioner :- Geeta Devi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sanjay Tiwari
 
Counsel for Respondent :- C.S.C.,Arun Kumar
 

 
Hon'ble Saurabh Srivastava,J.

1. Heard Sri Sanjay Tiwari, learned counsel for the petitioner and Sri Arun Kumar, learned counsel appearing on behalf of the respondent no. 3 and learned Standing Counsel for the State-respondent nos.1 and 2.

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

"I. Issue a writ, order or direction in the nature of mandamus commanding the respondents to direct the Basic Shiksha Adhikari, Prayagraj (respondent no.3) to take immediate steps for releasing amount Gratuity claimed by the petitioner along with interest at the rate of 8% per annum within specific period as may be fixed by this Hon'ble Court.

II. Issue a writ order, order direction in the nature of mandamus commanding the respondents to direct the Basic Shiksha Adhikari, Prayagraj to consider and decide the representation dated 3.05.2023 (Annexure No.7 to this writ petition), within specific period as may be fixed by this Hon'ble Court."

3. It is the case of the petitioner that her husband was initially appointed as Assistant Teacher on 6.10.1989 and after some time he was promoted as Head Master and he died in on 04.03.2018 while in service. The petitioner was given all dues pertaining to her husband except gratuity. The petitioner has moved a representation on dated 03.05.2023 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 nos.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 03.05.2023 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 :- 18.5.2023

Vivek Kr.