This writ petition was disposed of with a liberty to file a fresh application based on the judgment in Usha Rani before the appropriate respondent to decide the claim regarding gratuity dues expeditiously.
Liberty granted to file fresh application with Usha Rani judgment before Respondent No. 5.
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Court No. - 6
Case :- WRIT - A No. - 3015 of 2021
Petitioner :- Babu Lal Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Kamal Kumar Kesherwani
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Pankaj Bhatia,J.
Heard counsel for the parties and perused the record.
Counsel for the petitioner argues that the wife of the petitioner died while in service on 23.9.2011. It is claimed by the petitioner that the petitioner was entitled to dues including the gratuity, however, the same is not being released probably on the ground that the wife of the petitioner had not given an option of retirement prior to the date of her death. He claims that the case of the petitioner is squarely covered by the judgment passed in Usha Rani Vs. State of UP and others (Writ A No. 17399 of 2019) which was affirmed in the special appeal.
In view of the fact that claim of the petitioner has not yet been adjudicated, the present writ petition is disposed off with a liberty to file fresh application along with a copy of the judgment in the case of Usha Rani (supra) before the Respondent No. 5, who shall take a decision on the said application as expeditiously as possible preferably within a period of three months from the date of receipt of the same.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of the order.
Order Date :- 28.7.2021 vinay
1 issue framed by the court
Whether the petitioner is entitled to release gratuity dues after the death of his wife in service.
Babu Lal
State Of U P
5 Others
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
