Smt. Vijaylakshmi vs State Of U.P. And 2 Others
2023 Latest Caselaw 24841 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:177830
 
Court No. - 36
 

 
Case :- WRIT - A No. - 13647 of 2023
 

 
Petitioner :- Smt. Vijaylakshmi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ram Lakhan Deobanshi,Sonia Kulshreshtha
 
Counsel for Respondent :- C.S.C.,Shrinath
 

 
Hon'ble Manjive Shukla,J.

1. List of fresh cases is being revised. No one is present on behalf of the petitioner even in the revised call.

2. It has been informed that lawyers are abstaining from work.

3. Since this court has already passed various orders in identical matters, therefore, this court proceeds to decide the present matter.

4. Petitioner has stated in the writ petition that the mother of the petitioner, while working on the post of Head Mistress in Poorv Madhyamic School, Pure-Gulab, Block-Gyanpur, District Bhadohi died on 05.12.2017. Petitioner has further stated in the writ petition that on the date of death, the age of mother 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.

5. Petitioner has further stated in the writ petition 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). It has also been stated by the petitioner in the writ petition 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 are working in absolutely arbitrary manner.

6. I have considered the averments made by the petitioner in the writ petition 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.

7. In view of the aforesaid reasons, this Writ Petition stands finally disposed of with a direction to Respondent No. 3 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 entitled for the same within a period of two months from the date of presentation of certified copy of this order.

Order Date :- 14.9.2023

A. Mandhani