Dr. Rekha Tyagi vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Dr. Rekha Tyagi vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: notices dispensed with as all parties are represented; respondents given four weeks (as prayed) to file counter affidavit, rejoinder within two weeks thereafter; matter held to require consideration and listed on 17.11.2025. Neither the prayer to quash the Order dated 03.03.2025 nor the prayer for gratuity extension with 6% interest was decided at this stage.

Issue for consideration

Whether the Order dated 03.03.2025 passed by respondent no.2 (Annexure No.1) rejecting the petitioner's representation should be quashed (prayer for writ of certiorari). +1 more

Ratio / Principle

After hearing counsel for the petitioner and considering the submissions and averments, the Single Judge formed the interim view that the matter requires consideration; no final determination was made at this stage.

Key takeaways

Respondents are directed to file a counter affidavit within four weeks' time as prayed, and rejoinder affidavit, if any, within two weeks thereafter.ratio¶22
Since all respective parties are represented by their counsel, issuance of notice is unnecessary.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 32), Chandra Dhari Singh, J. — Interim order dated September 4, 2025 in WRIT - A No. - 13197 of 2025 (Dr. Rekha Tyagi v. State of U.P. and 3 others). Petitioner seeks (i) a writ of certiorari quashing the Order dated 03.03.2025 passed by respondent no.2 (Annexure No.1) rejecting her representation, and (ii) a mandamus directing respondents to extend the benefit of gratuity despite retirement at the age of 62 years, alongwith 6% interest from the date of superannuation till actual payment. The State (respondent nos.1 to 3) was represented by Mr. Sanjeev Singh, Additional Advocate General, assisted by Mr. Jitendra Singh, Standing Counsel, and respondent no.4 (University) by Mr. Avneesh Tripathi, C.S.C.; they opposed the petition and informed the Court that the Division Bench in pending Special Appeal Defective No.-249 of 2025 has stayed the effect and operation of the learned Single Judge's judgment dated 01.10.2024. Holding that the matter requires consideration, the Court dispensed with notice, directed a counter affidavit within four weeks as prayed (rejoinder within two weeks thereafter), and listed the case on 17.11.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 13197 of 2025

Dr. Rekha Tyagi

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Alok Kumar Srivastava
Counsel for Respondent(s)	: Avneesh Tripathi, C.S.C.

Court No. - 32

HON'BLE CHANDRA DHARI SINGH, J.

The instant writ petition has been filed with the following prayers:-

"a. to issue order, direction or writ in the nature of certiorari quashing the Order dated 03.03.2025 passed by respondent no.2 (Annexure No.1) rejecting the representation of petitioner.

b. to issue order, direction or writ in the nature of mandamus directing the respondents to pass necessary orders regarding the extension of the benefit of gratuity even retiring at the age of 62 years alongwith 6% interest from the date of superannuation till the actual payment."

Heard learned Counsel appearing on behalf of petitioner and perused the contents made in the writ petition as well as documents on record.

Mr. Sanjeev Singh, learned Additional Advocate General assisted by Mr. Jitendra Singh, learned Standing Counsel appearing on behalf of the Staterespondent nos.1 to 3 and Mr. Avneesh Tripathi, learned counsel appearing on behalf of the respondent no.4- University vehemently opposed the instant petition and they have apprised the Court that the Division Bench of this Court in Special Appeal Defective No.-249 of 2025 has stayed the effect and operation of the judgment dated 01.10.2024 passed by the learned Single Judge. The said Special Appeal Defective No.-249 of 2025 is pending.

Taking into consideration the aforesaid submissions made by learned counsel appearing on behalf of petitioner and averments made in the petition, I am of the opinion that matter requires consideration.

WRIA No. 13197 of 2025

2

Learned Standing Counsel appeared in advance accepted notice on behalf of respondent nos. 1, 2 and 3. Mr. Avneesh Tripathi, learned counsel appeared in advance accepted notice on behalf of respondent no.4.

Since all the respective parties are represented by their respective counsel, therefore, there is no need to issue notice.

Learned counsel appearing on behalf of respondents vehemently opposed the instant petition. They prayed for four weeks' time to file counter affidavit.

Let them file counter affidavit within the period as prayed. Rejoinder affidavit, if any, be filed within two weeks thereafter.

List this case on 17.11.2025.

(Chandra Dhari Singh,J.)

September 4, 2025 Atul

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad