Court No. - 5
Case :- WRIT - A No. - 8774 of 2021 Petitioner :- Kuber Dutta Dwivedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Dhar Dubey,Rajiv Lochan Pandey Counsel for Respondent :- C.S.C.,Ashok Kumar
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for he State- authorities and Sri Ashok Kumar, learned counsel appearing for respondent no.3.
Learned counsel for the petitioner submits that the wife of the petitioner was working as Assistant Teacher. She unfortunately expired on 6.3.2013. He submits that all the retiral benefits of the wife of the petitioner have been paid to him except gratuity. In this respect the petitioner has submitted several representations before the authority concerned. Copy of the last representation dated 24.2.2021 is annexed as annexure-3 to the writ petition.
The grievance of the petitioner is that respondent no.3 has neither considered his representation nor passed any order of payment of gratuity.
Learned counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.3 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with liberty to the petitioner to file a fresh representation before the respondent no.3-District Basic Education Officer, Banda raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner along with the copy of this order downloaded from the official website of the Allahabad High Court duly certified by the learned counsel for the petitioner, the respondent no.3 shall decide the same by reasoned and speaking order within a period of two months thereafter.
The writ petition is disposed of subject to the observations made above.
Order Date :- 30.7.2021 SKM