Smt. Pranpati Vs State of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko and 3 Others — Allahabad HC (2024) — LawSathi Research

Smt. Pranpati Vs State of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko and 3 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Respondents directed to consider and decide the petitioner's claim for death-cum-retirement gratuity afresh in accordance with law in the light of the Government Order dated 03.02.2023, within a period of three months.

Issue for consideration

Whether the petitioner, a widow, is entitled to a mandamus commanding the respondents to pay the death-cum-retirement gratuity of her husband along with admissible interest.

Court's answer

In view of the relied-upon decisions and the State Government's Government Order dated 03.02.2023 laying down guidelines for determination of death-cum-retirement gratuity, the writ petition is disposed of, directing the respondents to consider and decide the petitioner's claim afresh in accordance with law in the light of the Government Order dated 03.02.2023 within three months.

Detailed headnote1 paragraphs

Death-cum-retirement gratuity — widow's petition for mandamus for payment of deceased husband's gratuity with admissible interest — disposed of with direction to decide claim afresh per Government Order dated 03.02.2023. Smt. Pranpati, a widow, sought payment of her husband's death cum retirement gratuity with admissible interest. Placing reliance on Smt. Ranjana Kakkar Vs. State of U.P. and Ors., 2008(10) ADJ 63 (followed in Smt. Angoori Devi Vs. Regional Joint Director of Education, Agra Region & Others, 2012 (1) LCD 674, and other cases) and on Usha Rani v. State of U.P. & Ors. (Writ - A No.17399 of 2019, decided 07.11.2019), against which the special appeal was dismissed and S.L.P. No.19089 of 2021 (State of U.P. & Ors. v. Usha Rani) was also dismissed, and noting that the State Government had issued a Government Order dated 03.02.2023 laying down guidelines for determination of death-cum-retirement gratuity, Hon'ble Abdul Moin, J. (High Court of Judicature at Allahabad, Lucknow Bench) disposed of the petition on 22.10.2024, directing the respondents to consider and decide the petitioner's claim afresh in accordance with law in the light of the Government Order dated 03.02.2023 within three months.

Neutral Citation No. - 2024:AHC-LKO:70822

Court No. - 5

Case :- WRIT - A No. - 9580 of 2024

Petitioner :- Smt. Pranpati Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko And 3 Others

Counsel for Petitioner :- Raghvendra P. Singh,Shashank Vikram Verma Counsel for Respondent :- C.S.C.,Ravi Prakash Yadav

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner, learned Standing counsel appearing of the respondents no. 1, 2 & 4 and Sri Ravi Prakash Yadav, learned counsel for the respondent no. 3.

With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

A widow is before this Court praying for a mandamus commanding the respondents to pay the amount of death cum retirement gratuity of her husband along with admissible interest forthwith.

In the light of the decisions taken by this Court in the case of Smt. Ranjana Kakkar Vs. State of U.P. and Ors. reported in 2008(10) ADJ 63 which has been followed in subsequent decisions in the case of Smt. Angoori Devi Vs. Regional Joint Director of Education, Agra Region & Others 2012 (1) LCD 674 and several other cases as well as the law laid down in the case of Usha Rani v. State of U.P. & Ors. (Writ - A No.17399 of 2019) decided on 07.11.2019 ; the special appeal filed against which has been dismissed and the S.L.P. No.19089 of 2021 (State of U.P. & Ors. v. Usha Rani) has also been dismissed, it is informed at the Bar that the State Government has issued Government Order 03.02.2023 whereby guidelines have been made for determination of the death-cumretirement gratuity, as such, the present petition is disposed off directing the respondents to consider and decide the claim of the petitioner in the light of the Government Order dated 03.02.2023 afresh in accordance with law within a period of three months.

Order Date :- 22.10.2024 Pachhere/-

Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench