Allahabad High Court
Najmi Begum vs State Of U.P. Thru Secy. Basic Education ... on 17 June, 2022
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- WRIT - A No. - 3836 of 2022 Petitioner :- Najmi Begum Respondent :- State Of U.P. Thru Secy. Basic Education Lko And Ors. Counsel for Petitioner :- Amit Kumar Awasthi Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner, learned Additional Chief Standing counsel appearing for the State-respondents and Sri Shobhit Mohan Shukla, learned counsel appearing for the respondents no. 4 & 5.
With the consent of learned counsel appearing for the contesting parties, the instant petition is being finally decided.
Instant petition has been filed praying for the following main reliefs:-
"(i) Issue a writ order or issuing a writ of Certiorari for quashing the impugned order dated 15.01.2021 (Annexure No. 1) passed by the Respondent No. 4, by which the amount of gratuity claimed by petition of her husband has been refused to pay.
(ii) Issue, a writ order or direction in the nature of mandamus commanding and directing the respondent authorities to pay the amount of gratuity of the petitioner's husband to petitioner along with admissible interest at earliest."
Learned counsel for the petitioner contends that a similar matter has already engaged the attention of this Court more recently in the case of Shanti Devi Vs. State of U.P and ors decided on 07.04.2022 in Writ-A No. 1975 of 2022. He thus contends that there cannot be any occasion for the respondents to pass the impugned order dated 15.01.2021 by which the claim of the petitioner has been rejected.
On the other hand, learned Additional Chief Standing counsel as well as Sri Shobit Mohan Shukla, Advocate also do not dispute that considering the law laid down by this Court in the case Shanti Devi (supra), the impugned order dated 15.01.2021 is legally unsustainable in the eyes of law.
Considering the aforesaid, the writ petition is disposed of after quashing the order dated 15.01.2021, a copy of which is annexure 1 to the petition. It is further provided that the petitioner shall be entitled for the benefit of the judgment of this Court in the case of Shanti Devi (supra).
Let a compliance of this order made within a period of six weeks from the date of receipt of a certified copy of this order.
Order Date :- 17.6.2022 Pachhere/-