Smt Manorama Mishra v. State of U.P. and 3 Others

Court No. - 35 Case :- WRIT - A No. - 17946 of 2023 Petitioner :- Smt Manorama Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aman Arya Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J.

¶1Heard Sri Aman Arya, learned counsel for the writ petitioner and Sri Santosh Kumar Mishra, learned Standing Counsel who appears for respondents No. 1 to 3.

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

¶3The case of the writ petitioner is that her husband namely, Devendra Kumar Mishra who was working as Assistant Teacher in the fourth respondent institution, Gomti Devi Adarsh Inter College, Gursahaiganj, District Kannauj expired on 02.01.2015. Though the writ petitioner claims that she is entitled to death-cum-retirement gratuity of her husband but the same is not being paid.

¶4Prayer in the present petition is for a direction to the second respondent, Deputy Director of Education (Secondary), Kanpur Region, Kanpur to pay death-cum-retirement gratuity to the writ petitioner.

¶5Sri Santosh Kumar Mishra, learned Standing Counsel who appears for respondents No. 1 to 3, on the other hand, submits that the issue as to whether the writ petitioner is entitled to death-cum-retirement gratuity needs adjudication by the second respondent, Deputy Director of Education (Secondary), Kanpur Region, Kanpur who shall address the claim of the writ petitioner, he submits that he does not propose to file any response to the writ petition.

¶6To such a submission, the learned counsel for the writ petitioner has no objection and he gracefully accepts the same.

¶7Considering 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 from the respondents granting liberty to the writ petitioner to prefer comprehensive representation along with the self attested copy of the writ petition before the second respondent respondent, Deputy Director of Education (Secondary), Kanpur Region, Kanpur who shall on the receipt of the same thereafter proceed to decide the claim of the writ petitioner strictly in accordance with law after putting to notice the fourth respondent and considering competing claims as per law existing on land within a period of two months from the date of production of the certified copy of the order.

¶8With the aforesaid observation, the writ petition stands disposed of.

¶9Passing of this order may not be construed to be an expression that this Court has adjudicated on the merits of the matter. Order Date :- 26.10.2023 Rajesh High Court of Judicature at Allahabad