Disposed

Urmila Gangwar v. State of U.P. and 4 Others

Allahabad HC3 Dec 2019WRIA/18205/2019

Case brief

AI extract

What is this about?

Petitioner, widow of deceased Assistant Teacher, filed writ petition for unpaid gratuity. Court directed respondent to decide pending representation within three weeks with reasoned order and afford hearing. Penalty for delay imposed. Writ disposed of.

What did the court decide?

Direct respondent to dispose pending representation within three weeks via reasoned order after hearing; penalty of Rs. 500/day for delay.

Urmila Gangwar Vs State of U.P. and 4 Others — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 5 Case :- WRIT - A No. - 18205 of 2019 Petitioner :- Urmila Gangwar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi

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Hon'ble Surya Prakash Kesarwani,J.

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Heard Sri Pranesh Dutt Tripathi, learned counsel for the respondent no.5 and the learned standing counsel for the State respondents.

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A personal affidavit of respondent no.5, dated 3.12.2019 has been filed today, which is taken on record.

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On 25.11.2019, this Court passed the following order:-

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"Heard learned counsel for the petitioner.

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Grievance of the petitioner is that she is widow of the deceased Assistant Teacher Ram Nath Gangwar, who died on 7.6.2015 and yet despite several representations, the respondents are not paying gratuity amount of her deceased husband.

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Matter requires consideration.

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The respondent no.5 is directed to file his personal affidavit within a week from today in which he shall show cause for non payment of gratuity amount to the petitioner.

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Put up on 3.12.2019 in the additional cause list."

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In the counter affidavit the respondent no.5 has taken the stand that gratuity is not payable to the petitioner under the prevalent laws.

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Be as it may, the petitioner has already moved the representation dated 28.09.2016, 22.02.2017 and 25.09.2019 filed as Annexure Nos. 7 & 8 to the writ petition which is still pending disposal and, therefore, the respondent no.5 is directed to decide the representation of the petitioner strictly in accordance with law by a reasoned and speaking order within three weeks from today after affording reasonable opportunity of hearing to the petitioner.

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The respondent no.5 shall communicate to the petitioner within a week from today, a date of hearing the representation.

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Learned counsel for respondent no.5 shall communicate in writing to the respondent no.5 within 48 hours.

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In the event the representation of the petitioner is not decided by the respondent no.5 within the stipulated period then for each day of delay in deciding the representation, the respondent no.5 shall pay a sum of Rs.500/- to the petitioner as damages.

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Writ petition is disposed of.

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Order Date :- 3.12.2019/vkg

Urmila Gangwar v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Urmila Gangwar v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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