In a writ petition regarding unpaid gratuity dues of the deceased petitioner's mother, the High Court disposed of the petition without examining merits.
Petitioner granted liberty to file a fresh representation; Respondent directed to consider and decide by speaking order within three months.
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Court No. - 5 Case :- WRIT - A No. - 7967 of 2021 Petitioner :- Rajendra Kumar Sengar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- C.S.C.,Akhilesh Chandra Srivastava
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 & 2 and Sri Akhilesh Chandra Srivastava, learned counsel for respondent nos.3 & 4.
The mother of the petitioner Smt. Kamla Devi was working as Assistant Teacher in Senior Basic School Mahmoodpur (Brahmnan), District Hathras and she died on 14.05.2015 during service period. All terminal dues have been paid to the petitioner except gratuity. The petitioner in this respect has submitted several representations to respondent no.4 and last of which is dated 22.02.2021, annexure 4 to the writ petition requesting him to release the gratuity.
The grievance of the petitioner is that respondent no.4 is sitting tight over the matter and has not yet released the gratuity.
Learned counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.4 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to the petitioner to file a fresh representation before the respondent no.4-District Basic Education Officer, Hathras alongwith the copy of this order downloaded from the official website of High Court, Allahabad raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.4 shall consider and decide the same by reasoned and speaking order within a period of three months thereafter.
The writ petition is disposed off subject to the observations made above.
Order Date :- 20.7.2021 Sattyarth
Rajendra Kumar Sengar
State Of U.P.
District Basic Education Officer, Hathras
Two Others
Smt. Kamla Devi (Deceased)
Saral Srivastava
As recorded by the court registry
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