Court No. - 19
Case :- WRIT - A No. - 6314 of 2019 Petitioner :- Smt. Asha Devi Respondent :- State Of U.P. Through Secretary, Secondary Education, Civil Secretariat, Lucknow, And 3 Others Counsel for Petitioner :- Ashok Kumar Yadav,Shiv Sagar Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
Supplementary affidavit filed today is taken on record.
The petitioner is agitating since a long time for payment of terminal dues payable to her on account of death of her husband on 20.5.2009 while in harness as a Class IV employee in Abhyanand Shiksha Sansthan Inter College, Deoria. A petition filed by her in the year 2016 was disposed of with direction to the District Inspector of Schools to decide her claim within eight weeks. The instant petition has been filed for a mandamus commanding the respondents to release gratuity amount of Rs.85,073/- alongwith interest.
Learned counsel for the petitioner states that no decision has been taken by the District Inspector of Schools in compliance of previous order of this Court. He further states that on 3.4.2018, the District Inspector of Schools has sent a communication to the Principal of the institution requiring him to submit application form in duplicate under his signatures. Learned counsel for the petitioner states that the Management has not completed the said formality so far. It is for the said reason that the gratuity amount due and payable has not been paid to the petitioner so far.
Learned standing counsel states that respondent no.2 would examine the grievance of the petitioner and take appropriate measures to ensure that the Management submits the requisite forms and documents.
Accordingly, the instant petition is disposed of with liberty to the petitioner to approach the second respondent with a certified copy of this order and a fresh representation. In case the District Inspector of Schools comes to the conclusion that the documents are being wrongly withheld by the Management, he shall take appropriate measures to compel the Management to submit the forms. After the documents are received by District Inspector of Schools, he shall proceed in the matter with a sense of expedition so that the amount, if any, which is due and payable to the petitioner is paid to her without any further delay.
The entire exercise in this regard shall be completed positively within a period of three months from the date of receipt of a certified copy of this order.
(Manoj Kumar Gupta, J) Order Date :- 29.5.2019 SL