Allahabad High Court
Shail Gupta vs State Of U.P. And 3 Others on 6 October, 2023
Bench: Manjive Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:193219
Court No. - 36
Case :- WRIT - A No. - 16361 of 2023
Petitioner :- Shail Gupta
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Durga Shanker Mishra
Counsel for Respondent :- C.S.C.,Akanksha Sharma
Hon'ble Manjive Shukla,J.
1. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No. 1 & 2, Ms. Akanksha Sharma, learned counsel appearing for the Respondents No. 3 & 4 and Mr. Nagendra Kumar Pandey, learned counsel appearing on behalf of District Basic Education Officer, Sambhal.
2. Learned counsel appearing for the petitioner has submitted that husband of the petitioner, while working on the post of Assistant Teacher at Primary School Atauri, Block-Sambhal, District Moradabad died on 09.04.2001. Learned counsel appearing for the petitioner has further submitted that on the date of death, the age of husband of the petitioner was less than 60 years and, therefore, petitioner is entitled for death-cum-retirement gratuity but the respondents have not paid the amount due towards death-cum-retirement gratuity till date, which is absolutely arbitrary.
3. Learned counsel appearing for the petitioner has invited attention of this court that the controversy involved in the present matter has already been settled by this court vide judgment and order dated 7.11.2019 passed in Writ-A No. 17399 of 2019 (Usha Rani Vs. State of U.P. and 6 others). Learned counsel appearing for the petitioner has also invited attention of this court that pursuant to the aforesaid judgment of this court, State Government itself has issued a Government Order dated 03.02.2023, wherein it is provided that if the death of any teacher working in the primary school takes place before he attains the age of 60 years then his legal heirs will be entitled for payment of death-cum-retirement gratuity and, therefore, the respondents while not paying the amount of death-cum-retirement gratuity to the petitioner, is working in absolutely arbitrary manner.
4. I have considered the submissions advanced by the learned counsels appearing for the petitioner and, prima facie, it appears that the case of the petitioner is covered by the Government Order dated 03.02.2023 and the petitioner is entitled for the death-cum-retirement gratuity.
5. In view of the aforesaid reasons, this Writ Petition stands finally disposed of with a direction to District Basic Education Officer, Sambhal and Finance and Accounts Officer (Basic Education), District Sambhal to consider the case of petitioner and if her case is covered by G.O. dated 03.02.2023 then they will ensure the payment of the death-cum-retirement gratuity to the persons legally entitled for the same within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 6.10.2023
A. Mandhani
