Disposed

Dhara Singh Yadav v. State of Up and 6 Others

Allahabad HC24 Aug 2023WRIA/19120/2021

Case brief

AI extract

What is this about?

Petitioner sought death-cum-retirement gratuity for his wife, an Assistant Teacher who died in 2011 before age 60. Court noted a 2023 Government Order covering such cases and disposed of petition directing response authorities to ensure payment within two months.

What did the court decide?

Directed Respondents No. 5 & 6 to consider petitioner's case and ensure payment of death-cum-retirement gratuity within two months if covered by the Government Order dated 03.02.2023.

Dhara Singh Yadav Vs State of Up and 6… — Pension and Retirement Benefits | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:171081

¶2

Court No. - 36

¶3

Case :- WRIT - A No. - 19120 of 2021

¶4

Petitioner :- Dhara Singh Yadav Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Arvind Kumar Yadav Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi

¶5

Hon'ble Manjive Shukla,J.

¶6

Heard Mr. Arvind Kumar Yadav, learned counsel appearing for the petitioner, learned Standing Counsel appearing for Respondents No. 1, 2 and 3 as well as Mr. Pranesh Dutt Tripathi, learned counsel appearing for Respondents No. 4, 5, 6 & 7.

¶7

Learned counsel appearing for the petitioner has submitted that the wife of the petitioner, while working on the post of Assistant Teacher at Primary School Maniya Chhapra, Block Ramkola, District Kushinagar died on 09.10.2011. Learned counsel for the petitioner has further submitted 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-cum-retirement gratuity but the respondents have not paid the amount due towards deathcum-retirement gratuity till date, which is absolutely arbitrary.

¶8

Learned counsel appearing for the petitioner 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 petitioner 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.

¶9

I have considered the submissions advanced by the learned counsel appearing for the petitioner and prima facie it appears that the case of the petitioner is covered by the Government Order dated 03.02.2023 and the petitioner is entitled for the death-cum-retirement gratuity.

¶10

In view of the aforesaid reasons, this Writ Petition stands finally disposed of with a direction to Respondents No. 5 & 6 to consider the case of petitioner and if his 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.

¶11

Order Date :- 24.8.2023 A. Mandhani

¶12

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

Dhara Singh Yadav v. State of Up and 6 Others

Case brief

What is this about?

What did the court decide?

Dhara Singh Yadav v. State of Up and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Soni Vs State of U.P. and 2 Others

Dinesh Kumar Vs Controller of Examinations, University of Allahabad at Prayagraj

Mausam Devi Vs State of U.P. and 3 Others

Devendra Kumar Vs State of U.P. and 3 Others

Nafees Ahmad Vs State of U.P. and 3 Others

Ram Kishun Ram and 6 Others Vs State of U.P. and 8 Others