Court No. - 32

Case :- WRIT - A No. - 3196 of 2023

Petitioner :- Meena Devi

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Santosh Kumar Singh

Counsel for Respondent :- CSC,Shyam Krishna Gupta

Hon'ble Vikas Budhwar,J.

Heard Sri Santosh Kumar Singh, learned counsel for the petitioner,

learned Standing Counsel who appears for the respondent nos. 1

and 2 and Sri Shyam Krishna Gupta, for respondent no. 3.

Grievance of the petitioner is that the petitioner's husband namely,

Jai Prakash Shukla (since deceased) who was working as

Headmaster in Ucchya Prathmik Vidyalaya, Parsiya Tiwari, Block-

Barhaj, District Deoria, died in harness on 15.05.2021. It is the

case of the writ petitioner that all the terminal benefits have been

paid to the petitioner except death-cum-retirement gratuity. The

ground for withholding the death-cum-retirement gratuity is that

petitioner's husband did not exercise the option to be retired at 60

years (which is earlier 58). Reliance has been placed upon the

decision dated 07.11.2019 passed in Writ- A No. 17399 of 2019,

Usha Rani Vs. State of U.P. and 6 others so as to contend that

the said objection is not available to the respondents.

Learned Standing Counsel as well as counsel for the respondents,

on the other hand have argued that the claim of the writ petitioners

regarding applicability of the judgment in the case of Usha Rani

(Supra) and Government Order dated 03.02.2023 is to be first

addressed at the first instance by the third respondent, Basic

Shiksha Adhikari, District Deoria. Thus, the writ petitioner be

directed to prefer a comprehensive representation raising her claim

before the third respondent.

I have heard the counsel for the parties and perused the record.

Since a stand has been taken by the learned Standing Counsel that

the third respondent is to accord consideration to the grievance of

the writ petitioner, thus, without calling for counter affidavit, the

writ petition is being disposed off granting liberty to the writ

petitioner to file a comprehensive representation before the third

respondent, third respondent, Basic Shiksha Adhikari, District

Deoria, who shall decide the claim of the writ petitioner within a

period of six weeks. It is further provided that the third respondent,

third respondent, Basic Shiksha Adhikari, District Deoria shall

decide the entitlement of the writ petitioner as well as the

competing claim of other persons with regard to payment of death-

cum- retirement gratuity. In case, some other documents are

required by the third respondent then the petitioner shall be

apprised of the same so as to enable the writ petitioner to provide

the necessary inputs in that regard.

Needless to point out that this court has not adjudicated the matter

on the merits and the same is subject to legal impediment if any.

With the aforesaid observations, the writ petition stands disposed

off.

Order Date :- 21.2.2023

Nisha

Digitally signed by :-

NISHA KUMARI

High Court of Judicature at Allahabad