Court No. - 34
Case :- WRIT - A No. - 7548 of 2021 Petitioner :- Smt. Kalavati 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 Yashwant Varma,J.
Heard learned counsel for the parties.
Sri Ashok Kumar Yadav, learned counsel appearing for the District Basic Education Officer, fairly concedes that the impugned order would not sustain in light of the decision rendered by a learned Judge in Usha Rani Vs. State of U.P. And 6 Others [Writ -A No. 17399 of 2019 decided on 12.12.2019].
In view of the aforesaid statement of Sri Yadav, the ends of justice would merit the matter being remitted to the fifth respondent for taking a decision afresh. Sri Yadav states that all endeavour shall be made to communicate a final decision in respect of the claim as raised with expedition and preferably within a period of three months from the date of presentation of a duly authenticated copy of this order.
Accordingly and with the consent of parties, the writ petition is allowed. The impugned order dated 09 June 2021 is quashed and set aside. The matter shall stand remitted to the fifth respondent for deciding afresh and in accordance with law bearing in mind the decision in Usha Rani. It is further clarified that the claim of the petitioner for gratuity shall not be refused solely on the ground that her husband had not exercised the option prior to attaining the age of superannuation.
Order Date :- 29.7.2021 Rakesh