Disposed

Smt. Mithlesh Kumari v. State of Uttar Pradesh and 6 Others

Allahabad HC24 Apr 2025WRIA/3729/2025

Case brief

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What is this about?

Procedural-disposal writ (WRIT - A No. 3729 of 2025, Neutral Citation 2025:AHC:62913, Allahabad High Court, Judge Vikram D. Chauhan, decided 24.4.2025). Petitioner Smt. Mithlesh Kumari vs State of Uttar Pradesh and 6 others; counsel Anurag Shukla and Kamal Pati Shukla for petitioner, C.S.C. for the State. Subject-matter keywords: death-cum-retirement gratuity; death while in service; Assistant Tea

What did the court decide?

Direction issued: petitioner to submit a fresh representation before respondent no.4 (Deputy Director of Education (Secondary), Bareilly Region, Bareilly) within 15 days with certified copy of the ord

Smt. Mithlesh Kumari vs State of Uttar Pradesh and 6 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:62913

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Court No. - 7

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Case :- WRIT - A No. - 3729 of 2025

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Petitioner :- Smt. Mithlesh Kumari Respondent :- State Of Uttar Pradesh And 6 Others Counsel for Petitioner :- Anurag Shukla,Kamal Pati Shukla Counsel for Respondent :- C.S.C.

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Hon'ble Vikram D. Chauhan,J.

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

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The writ petition is filed with the following prayer:

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"I. Issue a writ, order or direction in the nature of mandamus commanding the Deputy Director of Education (Secondary) Bareilly Region, Bareilly (Respondent No.4) to release the Death cum Retirement Gratuity in favour of the Petitioner alongwith admissible interest within a specific period as may be directed by this Hon'ble Court.

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II. Issue a writ, order or direction in the nature of mandamus commanding the Deputy Director of Education (Secondary) Bareilly Region, Bareilly (Respondent No.4) to consider and decide the representation dated 22.03.2022 submitted by the Petitioner (Annexure No.5 to the writ petition) within a specific period as may be directed by this Hon'ble Court."

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It is submitted by learned counsel for petitioner that the husband of petitioner was working as Assistant Teacher in L.T. Grade and has died while in service. The claim for death-cum-retirement benefits is pending consideration before respondent no.4, however till date, no order has been passed. Learned counsel for petitioner submits that claim of petitioner is covered by Government Order dated 14th June 2023.

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

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Considering the facts and circumstances of the case, it is hereby provided that the petitioner shall file a fresh representation before respondent no.4-Deputy Director of Education (Secondary) Bareilly Region, Bareilly within 15 days from today along with certified of this order. The same shall be considered and decided by respondent no.4 within a period of two months thereafter.

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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.

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

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Order Date :- 24.4.2025 D. Tamang

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

Smt. Mithlesh Kumari v. State of Uttar Pradesh and 6 Others

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Smt. Mithlesh Kumari v. State of Uttar Pradesh and 6 Others

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