Allahabad High Court
Nayan Tara vs State Of U.P. And 3 Others on 17 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- WRIT - A No. - 2986 of 2023 Petitioner :- Nayan Tara Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Shukla Counsel for Respondent :- C.S.C.,Mrigraj Singh Hon'ble Vikas Budhwar,J.
Heard Sri Neeraj Shukla, learned counsel for the petitioner, learned Standing Counsel for Respodnent 1 and Sri Mrigraj Singh for Respondents 2, 3 and 4.
Grievance of the petitioner is that the husband of the writ petitioner namely Late Prabhakar Upadhyay died in harness on 13.12.2018 while serving as Head Master in Primary School Vishwapalpur, Block- Machhalishahar, District Jaunpur.
As per the writ petitioner all the retirement dues had been paid except death cum retirement gratuity. It has been argued that the only ground on which death cum retirement gratuity has been withheld is that the husband of the writ petitioner did not exercise option of retiring at 60 years (earlier 58 years).
Learned counsel for the petitioner has invited the attention of the court towards the order dated 7.11.2019 passed in Writ A No.17399 of 2019, Usha Rani Vs. State of U.P. and others so as to contend that the said ground is not available to the respondents.
Learned counsel for the Respondents 2, 3 and 4 has submitted that they do not want to file their response and the law mandated by this Court in Usha Rani (Supra) stands applicable in the present case.
Learned Standing Counsel has adopted the argument of the counsel for Respondents 2, 3 & 4, however, according to him the writ petition be disposed off requiring the third respondent, District Basic Education Officer, District Jaunpur to redress the grievances of the writ petitioner.
Considering the submission of the rival parties, I am of the opinion that no fruitful purpose would be served by keeping the writ petition on board and the same is being disposed off granting liberty to the writ petitioner to file a comprehensive representation before the third respondent, District Basic Education Officer, District Jaunpur, who shall decide the claim of the writ petitioner within a period of six weeks. It is further provided that the third respondent, District Basic Education Officer, District Jaunpur shall decide the entitlement of the writ petitioner as well as the competing claim of other persons with regard to payment of death- cum- retirement gratuity. In case, some other documents are required by the third respondent then the petitioner shall be apprised of the same so as to enable the writ petitioner to provide the necessary inputs in that regard.
With the aforesaid observations, the writ petition stands disposed off.
Needless to point out that this court has not adjudicated the matter on merits.
Order Date :- 17.2.2023 N.S.Rathour