A one-sentence order in a writ petition regarding gratuity release. The court noted that the issue was settled in Munesh Devi and directed the respondent to decide the claim within four months.
Direction to respondent no. 6 to decide the claim for release of gratuity within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 81
Case :- WRIT - A No. - 10297 of 2020
Petitioner :- Indrawati Mishra Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C.,Arun Kumar
Hon'ble Yashwant Varma,J.
Heard learned counsel for parties.
Pursuant to the last order, Sri Arun Kumar, learned counsel appearing for the BSA on instructions, apprises the Court that gratuity has not been released since the deceased employee had failed to exercise an option indicating that he would retire upon attaining the age of 60 years.
However before this Court it is not disputed that the aforesaid issue stands settled in favour of the petitioner in light of the judgment rendered in Munesh Devi v. State of U.P. And 5 Others [WRIT-A No. - 2034 of 2020 decided on 22.10.2020] .
In view of the aforesaid, the instant petition is disposed of with a direction to the respondent no.6 to attend to the claim of the petitioner for release of gratuity in accordance with law bearing in mind the principles enunciated in Munesh Devi . A final decision shall be taken within a period of four months from today.
Order Date :- 17.12.2020 Vivek Kr.
2 issues framed by the court
Whether the petitioner is entitled to the release of gratuity given the settled legal position in Munesh Devi.
Whether the respondent must direct a final decision on the gratuity claim within four months.
Colour shows how this judgement treated each authority
Munesh Devi v. State of U.P. And 5 OthersRelied on¶6
Munesh Devi v. State of U.P. And 5 Others [WRIT-A No. - 2034 of 2020 decided on 22.10.2020]
Indrawati Mishra
State Of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
