Heard the counsel for the petitioner and Shri Ashok Kumar representing respondent nos. 2, 3 & 4.
The present writ petition has been filed praying for a writ of mandamus commanding the District Basic Education Officer, District Banda and the Finance and Account Officer, (Basic Education), District Banda i.e. respondent nos. 3 and 4 to pay to the petitioner the death-cum-retirement gratuity of his wife alongwith 18% p.a. It has been stated in the writ petition that Ramsiya, wife of the petitioner was appointed as Assistant Teacher in a Primary School and died on 27.4.2011 while still in service. The service book of Ramsiya i.e. wife of the petitioner has been handed over to the Court which is taken on record and the said service book indicates that the date of birth of wife of the petitioner was 1.7.1953.
Shri Ashok Kumar representing respondent nos.2, 3 & 4 has received instructions and on the basis of instructions states that the death-cum-retirement gratuity amount of the wife of the petitioner is not being released as the wife of the petitioner had not given her option for retirement at the age of 60 years. In the instructions received by Shri Ashok Kumar appointment of the wife of the petitioner in 1992 and her death on 27.4.2011 while still in service is not disputed.
The controversy involved in the present writ petition is squarely covered by the judgment and order dated 7.11.2019 passed by this Court in Writ - A No. 17399 of 2019 (Usha Rani Vs. State of U.P. & 6 Ors.) as well as the judgment and order dated 24.10.2019 passed by this Court in Writ - A No. 14397 of 2019 wherein this Court has affirmed the previous judgment of this Court passed in Noor Jahan Vs. State of U.P. & 4 Ors. (Writ - A No. 40568 of 2016) wherein the Court held that in view of the Government Order dated 16th September, 2009, an employee, who has not attained the age of 60 years, would also be entitled to gratuity if he is otherwise covered under the scheme formulated through the aforesaid Government Order. Clause 5 of the said Government Order provides that gratuity would be payable at the age of 60 years or upon death.
In the present case, the last date for wife of the petitioner to opt for her age of retirement at the age of 60 years was 1.7.2013 as she would have retired at the age of 60 years on 1.7.2013 and would have continued till 30.6.2014 under the Sessions Benefit Scheme of the Government. The wife of the petitioner died before the last date on which she could have given her option for retirement at the age of 60 years.
Consequently, in light of the judgments referred above, the petitioner is entitled to receive the gratuity accrued in favour of his wife.
The writ petition is allowed.
The respondent nos.3 & 4 i.e. District Basic Education Officer, Banda, District Banda and Finance and Accounts Officer, (Basic Education), Banda, District Banda are directed to compute the amount payable to the petitioner towards gratuity in terms of the scheme formulated by the Government Order dated 16th September, 2009 and release the amount within a period of three months from the date a copy of this order is produced before him along with an interest at the rate of 8% per annum from the date of filing the application for gratuity till the amount is actually disbursed.
Order Date :- 21.1.2021 IB