Disposed

Amit Kumar and Another v. State of U.P. and 6 Others

Allahabad HC25 Aug 2023WRIA/12518/2023

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What is this about?

In a writ petition regarding death-cum-retirement gratuity, the court held that petitioners, whose mother died before attaining 60 years of age, are entitled to the benefit under the Government Order dated 03.02.2023, which relied on a prior judgment. The court directed specific respondents to pay the amount.

What did the court decide?

Direction to Respondents No. 4 & 7 to consider the case and pay death-cum-retirement gratuity within two months.

Amit Kumar and Another Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:172316

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Court No. - 36

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Case :- WRIT - A No. - 12518 of 2023

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Petitioner :- Amit Kumar And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Aakansha Singh,Deepraj Singh Counsel for Respondent :- C.S.C.,Ajeet Singh

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Hon'ble Manjive Shukla,J.

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Heard learned counsel appearing for the petitioners, learned Standing Counsel appearing for Respondents No. 1, 2, 5 & 6 as well as Mr. Ajeet Singh, learned counsel appearing for Respondents No. 3, 4 and 7.

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Learned counsel appearing for the petitioners has submitted that mother of the petitioners, while working on the post of Assistant Teacher at Primary School Puraini, Kanpur Dehat died on 20.12.2002. Learned counsel for the petitioners has further submitted that on the date of death, the age of mother of the petitioners was less than 60 years and, therefore, petitioners are entitled for death-cumretirement gratuity but the respondents have not paid the amount due towards death-cum-retirement gratuity till date, which is absolutely arbitrary.

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Learned counsel appearing for the petitioners has invited attention of this Court that the controversy involved in the present matter has already been settled by this Court vide judgment and order dated 7.11.2019 passed in Writ-A No. 17399 of 2019 (Usha Rani Vs. State of U.P. and 6 others) . Learned counsel for the petitioners has also invited attention of this Court that pursuant to the aforesaid judgment of this Court, State Government itself has issued a Government Order dated 03.02.2023, wherein it is provided that if the death of any teacher working in the primary school takes place before he attains the age of 60 years then his legal heirs will be entitled for payment of death-cum-retirement gratuity and, therefore, the respondents while not paying the amount of death-cum-retirement gratuity to the petitioner is working in absolutely arbitrary manner.

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I have considered the submissions advanced by the

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learned counsel appearing for the petitioners and prima facie it appears that the case of the petitioners is covered by the Government Order dated 03.02.2023 and the petitioners are entitled for the death-cum-retirement gratuity.

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In view of the aforesaid reasons, this Writ Petition stands finally disposed of with a direction to Respondents No. 4 & 7 to consider the case of petitioners and if their case is covered by G.O. dated 03.02.2023 then they will ensure the payment of the death-cum-retirement gratuity to the persons legally entitled for the same within a period of two months from the date of presentation of certified copy of this order.

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Order Date :- 25.8.2023 A. Mandhani

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Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad

Amit Kumar and Another v. State of U.P. and 6 Others

Case brief

What is this about?

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Amit Kumar and Another v. State of U.P. and 6 Others

Case brief

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