The High Court dismissed the writ petition seeking gratuity for the petitioner. It held that since the petitioner's husband did not opt for gratuity before age 60 and continued service thereafter, he was not entitled to gratuity, and the petitioner cannot claim it upon his death.
Writ petition dismissed.
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Neutral Citation No. - 2024:AHC:166048
Court No. - 6
Case :- WRIT - A No. - 15867 of 2024
Petitioner :- Kamla Devi Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Akash Yadav,Vipin Kumar Yadav Counsel for Respondent :- C.S.C.,Kushmondeya Shahi
Hon'ble Ajay Bhanot,J.
Heard Shri Mayank Kumar Yadav, learned counsel and Shri Vipin Kumar Yadav, learned counsels for the petitioner, Shri Kushmondeya Shahi, learned counsel for the respondent and learned Standing Counsel for the State.
The husband of the petitioner was liable to superannuate upon attaining the age of 62 years. The petitioner died at the age of 61 years 3 months and 23 days on 04.12.2022. The husband of the petitioner was obligated to exercise his option for gratuity payment prior to attaining the age of 60 years. The petitioner's husband did not opt the payment of gratuity before the aforesaid date and continued to serve even after 60 years. He was not entitled to gratuity in light of the Government Order dated 03.02.2023 and the law laid down by this Court in Smt. Shiv Pyari Srivastav Vs. State of U.P. (Writ A No. 37216 of 2014), Dinesh Kumar Vs. State of U.P. (Writ A No. 14403 of 2024) and Smt. Sarjeet Kumari Kushwaha Vs. State of U.P. (Writ A No. 37187 of 2014) .
The case is covered by the law laid by this Court in Smt. Shiv Pyari Srivastav (supra), Dinesh Kumar (supra) and Smt. Sarjeet Kumari Kushwaha(supra) .
In wake of the preceding discussion the writ petition is dismissed.
Order Date :- 18.10.2024 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
3 issues framed by the court
Whether a widow is entitled to gratuity when the husband did not avail gratuity before age 60 and died before superannuation.
Whether the petitioner is covered by the law laid down in Smt. Shiv Pyari Srivastav and other cited decisions.
Whether the writ petition should be allowed in view of the legal position regarding gratuity.
Colour shows how this judgement treated each authority
Smt. Shiv Pyari Srivastav Vs. State of U.P.Applied¶7
Smt. Shiv Pyari Srivastav Vs. State of U.P. (Writ A No. 37216 of 2014)
Dinesh Kumar Vs. State of U.P.Applied¶7
Dinesh Kumar Vs. State of U.P. (Writ A No. 14403 of 2024)
Smt. Sarjeet Kumari Kushwaha Vs. State of U.P.Applied¶7
Smt. Sarjeet Kumari Kushwaha Vs. State of U.P. (Writ A No. 37187 of 2014)
Kamla Devi
State Of Up
3 Others
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
