Court No. - 36
Case :- WRIT - A No. - 17608 of 2021 Petitioner :- Rekha Kumari 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 Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondents no.1 to 3 and Sri A.K. Yadav, learned counsel for respondents no.4 to 6.
The husband of petitioner namely Vijay Singh Azad was Headmaster in Primary School, Anoop Nagar, Block & District Mathura and had died on 12.10.2016 during service period. The petitioner, by means of present writ petition, has prayed for following relief:-
"(a). Issue a writ, order or direction in the nature of mandamus to the respondents pay the amount of death-cum retirement gratuity of the husband of petitioner to the petitioner with admissible interest forthwith."
The grievance of the petitioner is that neither the respondent no.5 has taken any decision on the representation filed by the petitioner nor has paid the aforesaid dues of her husband to her.
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.5 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.5-Distict Basic Education Officer, District Mathura, raising all her grievances within a period of two weeks from today. In case any such representation alongwith certified copy of this order, is filed by the petitioner, the respondent no.5 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 :- 17.12.2021 SS