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Usha Devi vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

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Allahabad HC
2025
Usha Devi vs State of U.P. and 2 OthersUsha Devi v. State of U.P. and 2 Others

Disposed¶¶14

Usha Devi v. State of U.P. and 2 Others

Allahabad HC6 May 2025WRIA/6039/2025

Case brief

AI extract

What is this about?

Neutral Citation 2025:AHC:71804; WRIT - A No. 6039 of 2025, decided 06.05.2025 by Hon'ble Vikram D. Chauhan, J. (Court No. 7, High Court of Judicature at Allahabad). Keywords: death-cum-retirement gratuity; mandamus; interest; representation dated 08.04.2025; Finance Controller, Directorate of Higher Education, U.P. Prayagraj; decision within two months; Writ-A No.5724 of 2024 (judgment dated 16.1.2025); Smt. Ranjana Kakkar v. State of U.P. (2008) 10 ADJ 63 relied upon by counsel; petitioner Usha Devi; advocates Anand Prakash Pandey and Neeraj Shukla for petitioner; C.S.C. for the State.

What did the court decide?

Writ petition disposed of with a direction to respondent no.3 (Finance Controller, Directorate of Higher Education, U.P., Prayagraj) to decide the petitioner's death-cum-retirement gratuity claim in accordance with law, preferably within two months, taking into consideration the effect of the judgment dated 16.1.2025 in Writ-A No.5724 of 2024.

Why is it important?

Respondent no.3, the Finance Controller, Directorate of Higher Education, U.P., Prayagraj, shall decide the petitioner's gratuity claim in accordance with law, preferably within two months from the date of production of a certified copy of the order. ¶¶13

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to respondent no.3 (Finance Controller, Directorate of Higher Education, U.P., Prayagraj) to decide the petitioner's death-cum-retirement gratuity claim in accordance with law, preferably within two months, taking into consideration the effect of the judgment dated 16.1.2025 in Writ-A No.5724 of 2024.

Issue for consideration

Whether a mandamus can be issued commanding the respondents to pay death-cum-retirement gratuity to the petitioner with interest, and whether respondent no.3 should be directed to decide the petitioner's representation dated 08.04.2025.

Court's answer

Respondent no.3, the Finance Controller, Directorate of Higher Education, U.P., Prayagraj, shall decide the petitioner's gratuity claim in accordance with law, preferably within two months from the date of production of a certified copy of the order.

Ratio / Principle

While deciding the claim, respondent no.3 shall take into consideration the effect of the judgment dated 16.1.2025 passed in Writ-A No.5724 of 2024.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J.) disposed of WRIT - A No. 6039 of 2025 (Usha Devi v. State of U.P. and 2 Others), where the petitioner sought mandamus for payment of death-cum-retirement gratuity with interest and for decision of her representation dated 08.04.2025 pending before respondent no.3. The Court directed respondent no.3 - Finance Controller, Directorate of Higher Education, U.P., Prayagraj, to decide the claim in accordance with law, preferably within two months from production of a certified copy of the order, taking into consideration the effect of the judgment dated 16.1.2025 in Writ-A No.5724 of 2024 (University College Ret. Teachers Welfare Asso. Lko.). Learned Standing Counsel submitted the claim would be decided in a time-bound manner.

A

Neutral Citation No. - 2025:AHC:71804

Court No. - 7

Case :- WRIT - A No. - 6039 of 2025

Petitioner :- Usha Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Prakash Pandey,Neeraj Shukla 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 has been filed with the following prayer:

"(i) Issue a writ, order or direction in the nature of mandamus commanding & directing the respondent authorities to pay the death-cum-retirement gratuity to the petitioner along with interest admissible thereon from the date of entitlement.

(ii) Issue a writ, order or direction in the nature of mandamus commanding & directing the respondent no.3 to consider and decide the claim of petitioner contained in representation dated 08.04.2025 for being paid the death-cumretirement gratuity to the petitioner along with interest admissible thereon from the date of entitlement."

It is submitted by learned counsel for the petitioner that the claim of petitioner for death-cum-retirement gratuity is pending consideration before respondent no.3. In this respect, petitioner has filed representation dated 8.4.2025, however till date, no order has been passed. Learned counsel for petitioner further submits that the matter is covered by the judgment of this Court passed in WritA No.5724 of 2024 (University College Ret. Teachers Welfare Asso. Lko. Thru. Its President Dr. S.S. Chauhan and another Vs. State of U.P. Thru. Prin. Secy. Deptt. of Higher Education U.P. Lko. and others). Learned counsel for petitioner has also relied upon the judgment of this Court in Smt. Ranjana Kakkar Vs. State of U.P. and others (2008) 10 ADJ 63 decided on 17.10.2008.

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

Considering the facts and circumstances of the case, it is hereby provided that the respondent no.3-Finance Controller, Directorate

Higher Education, U.P. Prayagraj, shall decide the claim of the petitioner in accordance with law, preferably within a period of two months from the date of production of a certified copy of the order. While passing the order, respondent no.3 shall take into consideration the effect of the judgment dated 16.1.2025 passed in Writ-A No.5724 of 2024 (University College Ret. Teachers Welfare Asso. Lko. Thru. Its President Dr. S.S. Chauhan and another Vs. State of U.P. Thru. Prin. Secy. Deptt. of Higher Education U.P. Lko. and others)

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

Order Date :- 6.5.2025 D. Tamang

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether a mandamus can be issued commanding the respondents to pay death-cum-retirement gratuity to the petitioner with interest, and whether respondent no.3 should be directed to decide the petitioner's representation dated 08.04.2025.¶¶8
The court held
Respondent no.3, the Finance Controller, Directorate of Higher Education, U.P., Prayagraj, shall decide the petitioner's gratuity claim in accordance with law, preferably within two months from the date of production of a certified copy of the order.ratio¶¶13

Cases cited

Colour shows how this judgement treated each authority

AI extract

University College Ret. Teachers Welfare Asso. Lko. Thru. Its President Dr. S.S. Chauhan and another Vs. State of U.P. Thru. Prin. Secy. Deptt. of Higher Education U.P. Lko. and othersRelied on¶¶13
Writ-A No.5724 of 2024
Smt. Ranjana Kakkar Vs. State of U.P. and othersReferred¶¶10
(2008) 10 ADJ 63

Procedural history

How this case reached the court

AI extract

Prior proceeding
Claim of the petitioner for death-cum-retirement gratuity was pending consideration before respondent no.3.¶¶10
Prior proceeding
Petitioner filed representation dated 08.04.2025 for payment of gratuity; no order had been passed on it till the date of hearing.¶¶10

Parties & counsel

AI extract

petitioner
Usha Devi¶¶4
Anand Prakash Pandey, Neeraj Shukla
respondent
State Of U.P. And 2 Others¶¶4
C.S.C.

Coram

AI extract

Vikram D. Chauhanauthor¶¶5

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 6 May 2025 · May
Registered: 1 May 2025
Case no.: WRIA/6039/2025
CNR: UPHC012188742025
Bench: Vikram D Chauhan
Case type: WRIT - A

All orders in this case

2 orders share this CNR

5 May 2025Order 1
6 May 2025Order 2 — this page · Vikram D Chauhan

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Cite this judgement

Usha Devi v. State of U.P. and 2 Others, WRIA/6039/2025 (ALL), decided on 6 May 2025.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited2

University College Ret. Teachers Welfare Asso. Lko. Thru. Its President Dr. S.S. Chauhan and another Vs. State of U.P. Thru. Prin. Secy. Deptt. of Higher Education U.P. Lko. and othersRelied on¶¶13
Smt. Ranjana Kakkar Vs. State of U.P. and othersReferred¶¶10

Open Authorities

Procedural history2

Claim of the petitioner for death-cum-retirement gratuity was pending consideration before respondent no.3.
Petitioner filed representation dated 08.04.2025 for payment of gratuity; no order had been passed on it till the date of hearing.

View full history

Bench / Coram

Vikram D. Chauhan

Parties & counsel