Disposed¶9

Smt. Arun Tiwari v. State of U.P. Thru. Prin. Secy. Madhyamaik Edu. Lko and Others

Allahabad HC5 Nov 2024WRIA/14265/2021

Case brief

AI extract

What is this about?

Gratuity not paid after death in harness of petitioner's husband (Principal, died 22.01.2017); writ petition disposed of on consent, no counter affidavit on record; liberty to file representation to Deputy Director, Secondary Education IV Region, Prayagraj within two weeks; reasoned and speaking order within six weeks; merits expressly not gone into; WRIT - A No. 14265 of 2021; Abdul Moin, J.; Lucknow Bench; decided 5.11.2024.

What did the court decide?

Liberty to the petitioner to submit a representation within two weeks to the competent authority (Deputy Director, Secondary Education IV Region, Prayagraj), who is to decide it in accordance with law by a reasoned and speaking order within six weeks; no adjudication on merits. ¶9

Smt. Arun Tiwari Vs State of U.P. Thru. Prin. Secy. Madhyamaik Edu. Lko and Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Petitioner's grievance that although her husband died on 22.01.2017 while working on the post of Principal, she has not been paid gratuity till date.

¶8

Court's answer

The writ petition is disposed of, leaving it open to the petitioner to submit a representation for redressal of her grievances to the competent authority, said to be the Deputy Director, Secondary Education IV Region, Prayagraj, within two weeks.

¶9

Ratio / Principle

In case such representation is made, the competent authority shall consider and decide it in accordance with law by means of a reasoned and speaking order within a further period of six weeks from the date of submission of the representation along with certified copy of the order.

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Key takeaways

The Court made clear that it has not gone into the merits of the case; the question of the petitioner's gratuity entitlement remains open.obiter¶10

Detailed headnote1 paragraphs

WRIT - A No. 14265 of 2021 (High Court of Judicature at Allahabad, Lucknow Bench; Abdul Moin, J.; Order Date 5.11.2024). Petitioner, widow of a Principal who died on 22.01.2017 while in service, sought payment of gratuity allegedly unpaid till date. With no counter affidavit filed despite the matter pending for several years, and with the consent of counsel, the petition was disposed of without going into the merits: the petitioner was left open to submit a representation within two weeks to the competent authority, said to be the Deputy Director, Secondary Education IV Region, Prayagraj, who is to consider and decide it in accordance with law by a reasoned and speaking order within a further six weeks of its submission, along with a certified copy of the order.

Smt. Arun Tiwari v. State of U.P. Thru. Prin. Secy. Madhyamaik Edu. Lko and Others

Case brief

What is this about?

What did the court decide?

Smt. Arun Tiwari v. State of U.P. Thru. Prin. Secy. Madhyamaik Edu. Lko and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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