Court No. - 6
Case :- WRIT - A No. - 4037 of 2021 Petitioner :- Sumitra 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 Pankaj Bhatia,J.
Counter affidavit filed today is taken on record.
The present petition has been filed seeking a direction upon the respondents to pay Gratuity to the petitioner, which remained unpaid.
The contention of the counsel for the petitioner is that the husband of the petitioner was working as Assistant Teacher in Purva Madhyamik Vidayalaya, Andhua, Block Manth, District Mathura, however he died in harness on 09.01.2009 before reaching the age of 60 years of superannuation. The contention of the counsel for the petitioner is that in terms of the Government Order dated 16.9.2009, Clause 5, the petitioner is entitled to Gratuity. The contention of the respondents in the counter affidavit is that prior to the death of the husband of the petitioner, the option was not given for his retirement at the age of 60 years. Thus, the contention of the counsel for the petitioner is that the admitted case is that the petitioner died in harness prior to the date of superannuation at the age of 60 years. He relies upon a judgment of this Court in Writ-A No. 17399 of 2019 (Usha Rani Vs. State of U.P. and Others), wherein the entire scope of the Government Order was considered.
Considering the fact that the issue is no more alive in view of the specific decision of this Court in Writ-A No. 17399 of 2019 that the gratuity would be payable to the employees, who died while in service and following the same it is clear that the petitioner would be entitled for release of the gratuity payable in terms of the Government Order dated 16.9.2009.
Accordingly, the writ petition is allowed following the judgment of this Court in the case of Usha Rani (Supra). The petitioner shall be paid the gratuity to which the husband of the petitioner was entitled as expeditiously as possible, preferably within a period of three months from the date of filing of the application along with a copy of the order downloaded from the official website of this Court, which shall be treated as certified copy of this order.
Order Date :- 27.7.2021/S. Rahman