Court No. - 39
Case :- WRIT - A No. - 11289 of 2019 Petitioner :- Munesh Devi 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 husband of the petitioner namely Kanhaiya Lal was initially appointed as Assistant Teacher vide order dated 9.12.2009 and he joined his duty on 16.12.2009 in Primary School Fatehpur Deo, Sambhal. Thereafter, he was transferred from District Sambhal to District Headquarter, Basic Education, District Mathura vide order dated 11.7.2013. He next submitted that during course of his service, husband of the petitioner died on 1.9.2016 and after his death, the petitioner was given family pension, but other post retiral benefits including gratuity have not been paid to her, for which the petitioner submitted a representation dated 23.5.2019 to the respondent no. 5-District Basic Education Officer, Mathura, but till date neither payment has been made nor representation of the petitioner has been decided.
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 decided 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 to consider the representation of the petitioner dated 23.5.2019 and decided the same 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 no.5 to decide the case of the petitioner after considering the relevant Rules and Government Order occupying the field.
Order Date :- 25.7.2019 Rmk.