The court allowed the widow of a deceased Assistant Teacher to claim gratuity by relying on a recent single judge order covering the controversy, without requiring a counter affidavit.
The writ petition was allowed without requiring a counter affidavit.
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. - 36
Case :- WRIT - A No. - 17613 of 2022
Petitioner :- Smt. Gyanmati Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sandeep Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
Petitioner's husband (since deceased) Kamlesh Prasad was appointed as an Assistant Teacher on 28.08.2003. He died in harness on 10.03.2021 at the age of 51 years. The petitioner who is the wife of the said deceased teacher claims entitlement to payment of gratuity. In that regard, petitioner further claims to have made a representation to respondent no.5 on 01.08.2021. The petitioner relies on a recent decision of the learned Single Judge of this Court in Writ - A No. 8605 of 2022 and other connected matters, decided on 04.08.2022.
Learned Standing Counsel could not dispute that the controversy involved in the present writ petition stands covered by the decision of the learned Single Judge referred to above.
In view of the above, no useful purpose would be served in keeping the present writ petition pending or calling for a counter affidavit at this stage.
Accordingly, the present writ petition is allowed in terms of the order of the learned Single Judge of this Court in Writ - A No. 8605 of 2022 and other connected matters.
Order Date :- 1.11.2022 Prakhar
Digitally signed by PRAKHAR SRIVASTAVA Date: 2022.11.02 11:20:58 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the gratuity claim of the deceased teacher's widow stands covered by a recent single judge decision.
Whether the present writ petition requires a counter affidavit or listing.
Colour shows how this judgement treated each authority
Writ - A No. 8605 of 2022Relied on¶6
Writ - A No. 8605 of 2022
Smt. Gyanmati Devi
State Of U.P.
4 Others
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
