The petitioner's husband was working as Assistant Teacher in Mahatma Gandhi Inter College, Amaniganj, Faizabad ( Now Ayodhya) died on 6.4.2002 during harness. The petitioner filed Writ Petition No.24821 (SS) of 2017 before this Court for payment of gratuity of the husband of the petitioner to her. The aforesaid writ petition was finally disposed of vide judgement and order dated 13.10.2017 in following terms :-
"In view of aforesaid and without entering into merits of the case, petitioner is permitted to make a fresh representation to Respondent no. 3, i.e. District Inspector of School, Faizabad, alongwith certified copy of this order within a period of three weeks from today relating to her grievance. In case, such a representation is made by petitioner, respondent no. 2, shall consider the same and pass appropriate orders thereon for payment of amount of Gratuity in accordance with law within a period of three months from the date a certified copy of this order is placed before him.
With the aforesaid, writ petition is disposed of."
In pursuance to the notice issued in this contempt petition, Sri Alok Pandey, learned Standing Counsel has tendered a copy of the order dated 29.5.2018 passed by the Joint Director of Education, whereby the claim of the petitioner for payment of gratuity of her late husband has been rejected on the ground that petitioner's husband did not choose to serve the department after sixty years and, therefore, payment of gratuity can not be made to the petitioner.
In view of the aforesaid decision dated 29.5.2018 taken on the representation of the petitioner, nothing survives in the present contempt petition, which is hereby dismissed as having become infructuous.
However, if the petitioner is aggrieved by the aforesaid decision dated 29.5.2018 taken on her representation, he may approach the competent Court/forum, if he is so advised and law permits.
Contempt notice stands discharged.
Order Date :- 27.8.2019 Rao/-