Vyas Mishra vs State Of U.P. And 6 Others
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Allahabad High Court

Vyas Mishra vs State Of U.P. And 6 Others on 13 November, 2024

Author: Ajay Bhanot

Bench: Ajay Bhanot

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:178298
 
Court No. - 6
 

 
Case :- WRIT - A No. - 8466 of 2020
 

 
Petitioner :- Vyas Mishra
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- B.S. Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajay Bhanot,J.
 

Heard Shri Bheem Sen Pandey, learned counsel for the petitioner and Ms. Shruti Malviya, learned Standing Counsel for the State.

The petitioner's wife died on 12.05.2018 at the age of 58 years and 10 months. The wife of the petitioner was entitled to submit her option for grant of gratuity before she had attained the age of 60 years. Admittedly the petitioner died before she could exercise the aforesaid option.

In case the employee is precluded from submitting his/her option on account of premature death for gratuity prior to attaining the age of 60 years, it cannot be said that he/she had not exercised the option for gratuity within the permissible time period. Gratuity in such circumstances cannot be denied to the family members. This view is fortified by the judgement rendered in Usha Rani Vs. State of U.P. and others rendered in Writ A No. 17399 of 2019. The Court held as under:

"Following the decision rendered in the judgment of Noor Jahan (Supra) as well as Smt. Omwati (Supra), matter of Smt. Brijesh (Supra) for payment of gratuity was allowed by this Court by quashing the impugned orders by which gratuity was denied.

Similar controversy was also decided by Lucknow Bench of this Court vide order dated 5.8.2019 passed in the matter of Smt. Mala Tripathi (Supra) in which Court has taken a similar view and held that if husband of petitioner died before attaining the age of 60 years and has not given option for retirement at the age of 60 years, gratuity cannot be denied only on this ground."

In wake of the preceding discussion the impugned order is in the teeth of the law laid down by this Court in Usha Rani (supra) and is not sustainable in law. The impugned order dated 27.07.2020 passed by the respondent no. 4-Finance Controller Basic Education, Allahabad is liable to be quashed and is quashed.

The gratuity amount shall be disbursed to the petitioner alongwith the interest at the rate of 7% per annum within a period of three months from the date of receipt of a certified copy of this order.

The writ petition is allowed.

Order Date :- 13.11.2024

Dhananjai