Court No. - 39
Case :- WRIT - A No. - 11291 of 2019 Petitioner :- Hemant Arora Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent nos. 1, 2 and 3 and Sri A.K. Yadav, learned counsel for the respondent nos. 4, 5 and 6.
Learned counsel for the petitioner submitted that wife of the petitioner namely Suman Arora was initially appointed as Assistant Teacher vide order dated 25.3.1991 and she joined her duty on 30.3.1991 in Primary School Perkharm, District Mathura. Thereafter, she was promoted on the post of Principal/Headmaster on 9.8.2004 and joined duty on 13.8.2004. He next submitted that during service period, she died on 13.7.2015 and all dues have been paid and family pension has also been finalized, but till date amount of gratuity has not been paid to the petitioner, for which the petitioner submitted a representation dated 6.6.2019 before the respondent no. 5 and the respondent no. 5 has also written a letter dated 18.6.2019 to the respondent no.
6 for taking action in the matter of the petitioner in accordance with law, but till date no action has been taken.
Sri A.K. Yadav, learned counsel for the respondent nos. 4, 5 and 6 submitted that the representation of the petitioner shall be considered and decision shall be taken in accordance with law at the earliest.
Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent nos. 5 and 6 to consider the representation of the petitioner dated 6.6.2019 and take decision in accordance with law maximum within six weeks from the date of production of certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent nos.5 and 6 to decide the case of the petitioner after considering the relevant Rules and Government Order occupying the field.
Order Date :- 25.7.2019 Rmk.