Smt. Shanti Devi vs the State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Smt. Shanti Devi vs the State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No merits decision or monetary award; directions issued that the petitioner file a fresh representation before respondent no.3 (Deputy Director of Education (Secondary), Kanpur Division, Kanpur) within 15 days with a certified copy of the order, and that respondent no.3 consider and decide it within two months thereafter.

Issue for consideration

Whether a mandamus should issue directing respondent nos. 2, 3 and 5 to ensure payment to the petitioner of gratuity, death gratuity, leave encashment, group insurance and other death-cum-retiral benefits together with interest. +1 more

Ratio / Principle

The petitioner is directed to file a fresh representation before respondent no.3, Deputy Director of Education (Secondary), Kanpur Division, Kanpur, within 15 days from the date of the order, along with a certified copy of the order.

Key takeaways

Respondent no.3 shall consider and decide the fresh representation within a period of two months thereafter.ratio¶10
The Court expressly clarified that it has not decided the issue on merits; the authorities concerned are to independently apply their minds and pass orders in accordance with law.ratio¶11

Detailed headnote1 paragraphs

Writ - A (High Court of Judicature at Allahabad, Vikram D. Chauhan, J., order dated 24.4.2025): The petitioner sought a mandamus directing respondent nos. 2, 3 and 5 to ensure payment of gratuity, death gratuity, leave encashment, group insurance and other death-cum-retiral benefits alongwith interest; her claim was pending consideration before respondent no.2 with no order passed. The Court did not adjudicate the merits. It directed the petitioner to file a fresh representation before respondent no.3, Deputy Director of Education (Secondary), Kanpur Division, Kanpur, within 15 days along with a certified copy of the order, to be considered and decided by respondent no.3 within two months thereafter. The Court expressly clarified that it had not decided the issue on merits and that the authorities must independently apply their minds and pass orders in accordance with law. The writ petition stood disposed of with these observations/directions.

Neutral Citation No. - 2025:AHC:62890

Court No. - 7

Case :- WRIT - A No. - 3727 of 2025 Petitioner :- Smt. Shanti Devi Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Shashi Kumar Mishra Counsel for Respondent :- C.S.C.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

The writ petition is filed with the following prayer:

"a. to issue a writ, order or direction in the nature of mandamus directing the respondent no.2, 3 & 5 to ensure the payment of gratuity, death gratuity, leave encashment, group insurance and other death-cum-retiral benefits alongwith interest at the rate as may be specified by this Hon'ble Court to the petitioner within a short and specific period;"

It is submitted by learned counsel for the petitioner that the claim of petitioner for payment of gratuity, death gratuity, leave encashment, group insurance and other death-cum-retiral benefits alongwith interest is pending consideration before respondent no.2, however till date, no order has been passed.

Learned Standing Counsel submits that representation of the petitioner would be decided in a time bound manner.

Considering the facts and circumstances of the case, it is hereby provided that petitioner shall file a fresh representation before respondent no.3-Deputy Director of Education (Secondary), Kanpur Division, Kanpur within 15 days from today along with a certified copy of this order. The same shall be considered and decided by respondent no.3 within a period of two months thereafter.

It is clarified that this Court has not decided the issue on merits and the authorities concerned shall independently apply its mind and pass order in accordance with law.

With the aforesaid observation/direction, the writ petition stands disposed of.

Order Date :- 24.4.2025/D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad