Kamini Chauhan v. State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:134743

Court No. - 36

Case :- WRIT - A No. - 7601 of 2023

Petitioner :- Kamini Chauhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Durga Shanker Mishra Counsel for Respondent :- C.S.C.,Daya Ram

Hon'ble Manjive Shukla,J.

1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for Respondents No. 1 and 2 as well as Mr. Daya Ram Yadav, learned counsel appearing for Respondents No. 3 & 4.

1. Learned counsel for the petitioner has submitted that the husband of the petitioner, while working on the post of Assistant Teacher in Junior High School, Gajsthal, BlockAmroha, District Amroha, died on 20.04.2021. 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 death-cum-retirement gratuity till date, which is absolutely arbitrary.

1. Learned counsel 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.