Allowed

Awadhesh Upadhyay v. State of U.P. and 4 Others

Allahabad HC20 Apr 2022WRIA/495/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition quashing an order rejecting a deceased employee's wife's gratuity claim. Directing authorities to compute and release the gratuity amount within three months with interest, the court ignored the non-option for retirement at age 60.

What did the court decide?

Impugned order quashed; respondents directed to compute and release gratuity to petitioner's wife within 3 months with 8% interest per annum.

Awadhesh Upadhyay Vs State of U.P. and 4… — Pension and Retirement Benefits | Allahabad HC (2022)

¶1

Court No. - 36 Case :- WRIT - A No. - 495 of 2022 Petitioner :- Awadhesh Upadhyay Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajiv Joshi,J.

¶2

Heard Shri Vinod Kumar Singh, learned Counsel for the petitioner, learned Standing Counsel for the State respondents and perused the record.

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The instant writ petition under Article 226 of the Constitution of India has been filed for quashing the impugned order dated 13.12.2021 passed by the respondent no.2, Deputy Director of Education (Secondary), Varanasi Region, Varanasi whereby the claim of gratuity of petitioner's wife has been rejected.

¶4

Learned Counsel for the petitioner submits that the wife of the petitioner, was working on the post of Lecturer in Anglo Bengali College, Bhelupur, Varanasi. Subsequently, she died on 05.05.2019 while serving. It is further contended by learned Counsel for the petitioner that he filed a representation claiming the gratuity of his husband, which was rejected by the impugned order only on the ground that the wife of the petitioner had not exercised the option for retirement at the age of 60 years.

¶5

Learned Standing Counsel states that no useful purpose will be served in calling for the counter affidavit and keeping the writ petition pending as the controversy involved in the present case has already been decided in Writ - A No. 17399 of 2019 (Usha Rani Vs. State of U.P. & 6 Others), Noor Jahan Vs. State of U.P. & 4 Others (Writ - A No. 40568 of 2016) and Smt. Ranjana Kakkad Vs. State of U.P. & Others reported in 2008, 10 ADJ, Page 63.

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The present writ petition is squarely covered by the principle of law laid down in the aforesaid judgements.

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The writ petition is allowed. The order impugned dated 13.12.2021 passed by the respondent no.2, Deputy Director of Education (Secondary), Varanasi Region, Varanasi is hereby quashed.

¶8

The District Inspector of Schools, District Varanasi and the Finance and Account Officer, office of the District Inspector of Schools, District Varanasi, i.e., respondent Nos.3 and 4 are directed to compute the amount payable to the wife of the petitioner towards gratuity quantified in accordance with the relevant Government Orders and release the amount within a period of three months from the date a copy of this order is produced before them along with interest at the rate of 8% per annum from the date of application till the amount is actually disbursed, ignoring the fact that the wife of the petitioner had not opted for retirement at the age of 60 years.

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Order Date :- 20.4.2022 S.P.

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Digitally signed by SANJAY PURI Date: 2022.04.21 09:50:47 IST Reason: Location: High Court of Judicature at Allahabad

Awadhesh Upadhyay v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Awadhesh Upadhyay v. State of U.P. and 4 Others

Case brief

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What did the court decide?

What the court decided

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