Surjeet Kumar Vs State of U.P. and 2 Others

Neutral Citation No. - 2025:AHC:74278

Court No. - 7

Case :- WRIT - A No. - 6245 of 2025

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

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"(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.

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(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 11.04.2025 for being paid the death-cumretirement gratuity to the petitioner along with interest admissible thereon from the date of entitlement."

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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 11.4.2025, 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 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). 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.

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

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Considering the facts and circumstances of the case, it is hereby

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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) and 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.

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

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Order Date :- 8.5.2025

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D. Tamang

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

Surjeet Kumar v. State of U.P. and 2 Others

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