Disposed

Lokendra Singh v. State of U.P. and 2 Others

Allahabad HC14 Jul 2023WRIA/9994/2023

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What is this about?

Petitioner claimed deathcum-retirement gratuity for his father who died as a primary teacher before reaching 60. Court directed respondents to consider the case under a Government Order and ensure payment to entitled persons within two months.

What did the court decide?

Direction to Respondents No. 2 & 3 to consider petitioner's case under G.O. dated 03.02.2023 and ensure payment of gratuity within two months.

Lokendra Singh Vs State of U.P. and 2 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:140609

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Court No. - 36

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Case :- WRIT - A No. - 9994 of 2023

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Petitioner :- Lokendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kumar Dhama Counsel for Respondent :- C.S.C.

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Hon'ble Manjive Shukla,J.

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Heard Mr. Raj Kumar Dhama, learned counsel for the petitioner, learned Standing Counsel appearing for Respondent No. 1 as well as Mr. Yatindra Singh, learned counsel appearing for Respondents No. 2 & 3.

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Learned counsel for the petitioner has submitted that the father of the petitioner, while working on the post of Assistant Teacher at Prathmik Vidyalaya Dohali, Vikas Kshetra Bulandshahar, District Bulandshahar died on 22.06.2008. Learned counsel for the petitioner has further submitted that on the date of death, the age of father of the petitioner was less than 60 years and, therefore, petitioner is entitled for deathcum-retirement 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 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.

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I have considered the submissions advanced by the learned counsel 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-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. 2 & 3 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.

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Order Date :- 14.7.2023 Gaurav

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Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad

Lokendra Singh v. State of U.P. and 2 Others

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Lokendra Singh v. State of U.P. and 2 Others

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