Smt. Saroj Tiwari v. State of U.P. and 4 Others

Court No. - 35 Case :- WRIT - A No. - 17135 of 2023 Petitioner :- Smt. Saroj Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gopal Ji Rai Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J.

¶1Heard Sri Gopal Ji Rai, learned counsel for the writ petitioner and Sri Santosh Kumar Mishra, learned Standing Counsel who appears for respondents No. 1 to 4.

¶2In view of the order which is being proposed to be passed today, notice is not being issued to the fifth respondent.

¶3The case of the writ petitioner is that her husband namely Late Shri Krishna Tiwari was Principal in the fifth respondent institution, Nageshwari Devi Inter College, Chedi, Ballia died-in-harness on 28.11.2009, despite preferring various representations the writ petitioner has not been paid death-cum-retirement gratuity of her husband.

¶4Prayer in the present petition is for a direction to the third respondent to pay death-cum-retirement gratuity.

¶5Sri Santosh Kumar Mishra, learned Standing Counsel submits that the issue as to whether the writ petitioner is entitled to the said benefit is to be decided at the first instance by the third respondent he further submits that he does not propose to file any response to the writ petition.

¶6Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed of without seeking any response granting liberty to the writ petitioner to prefer a comprehensive representation before the third respondent, Deputy Director of Education Azamgarh Region Azamgarh who shall on the receipt of the same proceed to decide the entitlement of the writ petitioner after putting to notice the fifth respondent within a period of two months from the date of production of certified copy of the order bearing in mind the entitlement of the writ petitioner, the Government Orders/statutory schemes in vogue as well as the competing claims, if any.

¶7Needless to point out that this Court has not adjudicated on the merits of the matter. Order Date :- 18.10.2023 piyush High Court of Judicature at Allahabad