Allowed

Daya Shankar Mishra v. State of U.P and Others

Allahabad HC24 Aug 2021WRIA/8438/2021

Case brief

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What is this about?

The High Court allowed the writ petition for gratuity entitlements available to the wife of a deceased assistant teacher. Relying on previous precedent, the court directed the Basic Shiksha Adhikari to compute and disburse the gratuity amount within three months along with interest.

What did the court decide?

Directions to compute and disburse gratuity within three months with interest at 7% per annum from the date of filing till actual disbursement.

Daya Shankar Mishra Vs State of U.P and… — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 2

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Case :- WRIT - A No. - 8438 of 2021

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Petitioner :- Daya Shankar Mishra Respondent :- State Of U.P And Others Counsel for Petitioner :- Quazi Mohammad Akaram Counsel for Respondent :- C.S.C.

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Hon'ble Suneet Kumar,J.

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Heard the learned counsel for the parties and perused the record.

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Petition is being disposed of as per Rules on the consent of the parties.

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Wife of the petitioner (Smt. Meera Devi) came to be appointed as Assistant Teacher on 6 October 1997, by the order of the fourth respondent, Basic Shiksha Adhikari, Prayagraj. She died in an accident on 19 August 2013, while in service.

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By the instant petition, petitioner seeks the following relief:

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"i) to issue a writ order or direction in the nature of mandamus commanding and directing the Basic Shiksha Adhikari, District Prayagraj, (respondent No. 4) to take immediate steps for the payment of amount of gratuity claimed by the petitioner along with interest at the rate of 8% per annum within a stipulated period as may be directed by this Hon'ble Court."

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Learned counsel for the petitioner has placed reliance on the decision rendered by this Court in Usha Rani v. State Of U.P. and 6 others (Writ-A No. 17399 of 2019) decided on 7 November 2019.

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Learned counsel for the respondent, on being confronted with the decision, submits that the petition be disposed of in terms of the decision rendered in Usha Rani (Supra).

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In view thereof, writ petition is allowed by passing the following order:

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Respondents are directed to compute the amount payable to the petitioner's husband towards gratuity in terms of the scheme and release the same, within a period of three months from the date of production of copy of this order. The petitioner shall also be entitled to interest at the rate of 7% per annum, from the date of filing of the application till the amount is actually disbursed.

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Order Date :- 24.8.2021 Mukesh Kr.

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Digitally signed by Justice Suneet Kumar Date: 2021.08.24 18:07:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Daya Shankar Mishra v. State of U.P and Others

Case brief

What is this about?

What did the court decide?

Daya Shankar Mishra v. State of U.P and Others

Case brief

What is this about?

What did the court decide?

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