Court No. - 33
Case :- WRIT - A No. - 7188 of 2021 Petitioner :- Smt. Rama Devi Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
The petitioner is widow of deceased Mudrika Singh Yadav, who was an Assistant Teacher in Shanti Niketan Inter College, Barahi, Ghazipur.
Grievance of the widow is that amount of gratuity payable to her late husband has not been paid so far.
Learned Standing Counsel points out that in terms of the applicable government order, gratuity is payable only if the petitioner's husband opted for retirement at the age of 60 years and not when he works beyond such age. It is stated that the petitioner's husband had not exercised any such option and he was actually 62 years of age at the time of his death. It is also stated that petitioner's husband was in employment at the time of his death.
Statement made on behalf of the Standing Counsel is not disputed by the learned counsel for the petitioner. He clearly states that date of birth of the deceased teacher was 05.07.1958.
In such circumstances, as the late husband of the petitioner was in employment even at the age of 62 years, it means that he had not opted for retirement at the age of 60 years. Gratuity in such circumstances would not be payable.
The writ petition is dismissed.
Order Date :- 30.7.2021 Pkb/