Raj Kumari vs State Of U.P. And 4 Others
2023 Latest Caselaw 16411 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:115792
 
Court No. - 34
 

 
Case :- WRIT - A No. - 9041 of 2023
 

 
Petitioner :- Raj Kumari
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Om Prakash Singh
 
Counsel for Respondent :- CSC
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the parties.

The petitioner has claimed gratuity in respect of her late husband who died in harness prior to he would have exercised option for 60 years of retirement. It is submitted that the case is covered by the judgment of this Court in the case of Guru Charan versus State of U.P. and 4 others (Writ A No.8605 of 2022 decided on 4.8.2022) where recently the State Government has issued a Government Order dated 17.5.2023 directing the Director of Education that the payment of gratuity is made to all such eligible persons and that Government Order has been brought on record by means of compliance affidavit in the leading writ petition being Writ A No.4265 of 2023.

In the circumstances, this Court directs the authority concerned to make payment of entire gratuity in terms of the order passed by this Court on 22.5.2023 in Writ A No.4265 of 2023 in the event the petitioner's claim does not fall into exceptions:

a) The petitioner's husband had died after age of 60 years; and

b) The petitioner's husband had not opted for any voluntarily retirement.

With the aforesaid observations and directions, this petition stands disposed of.

Order Date :- 23.5.2023

Deepika