Disposed

Smt. Suman v. State of U.P. and 3 Others

Allahabad HC12 Sept 2023WRIA/14486/2023

Case brief

AI extract

What is this about?

Petitioner sought death-cum-retirement gratuity for her husband who died as an Assistant Teacher before age 60. Court found prima facie entitlement under a Government Order and directed respondents to process the claim.

What did the court decide?

Directed Respondents to consider petitioner's case and ensure payment of death-cum-retirement gratuity within two months of certified copy.

Smt. Suman Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177118

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Court No. - 36

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Case :- WRIT - A No. - 14486 of 2023

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Petitioner :- Smt. Suman Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Durga Shanker Mishra Counsel for Respondent :- C.S.C.,Yatindra

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Hon'ble Manjive Shukla,J.

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List of fresh cases is being revised. No one is present on behalf of the petitioner even in the revised call.

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It has been informed that lawyers are abstaining from work.

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Since this court has already passed various orders in identical matters, therefore this court proceeds to decide the present matter.

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Petitioner has stated in the writ petition that the husband of the petitioner, while working on the post of Assistant Teacher in Primary School Bhaju No.2, Block Shamli, District Shamli died on 3.8.2020. Petitioner has further stated that on the date of death, the age of husband of the petitioner was less than 60 years and, therefore, petitioner is 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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Petitioner has further stated in the writ petition 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). It has also been stated by the petitioner in his writ petition 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-cumretirement gratuity to the petitioner are working in absolutely arbitrary manner.

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I have considered the averments made by the petitioner in the writ petition and prima facie it appears that the case of the

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petitioner is covered by the Government Order dated 03.02.2023 and the petitioner is entitled for the death-cumretirement gratuity.

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In view of the aforesaid reasons, this Writ Petition stands finally disposed of with a direction to Respondents No.3 and 4 to consider the case of petitioner and if her 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 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 :- 12.9.2023 Salim

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Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad

Smt. Suman v. State of U.P. and 3 Others

Case brief

What is this about?

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Smt. Suman v. State of U.P. and 3 Others

Case brief

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