Ratul Bajaj v. State of U.P. and 4 Others

Court No. - 36 Case :- WRIT - A No. - 17966 of 2023 Petitioner :- Ratul Bajaj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C. Hon'ble Manjive Shukla,J.

¶1Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the Respondents No. 1 to 4.

¶2In view of the proposed order, notice to private Respondent No. 5 is dispensed with.

¶3Mother of the petitioner, while working on the post of Head Mistress at Saraswati Vidyalaya Kanya Junior High School Ramnagar, District Agra died on 6.11.2010. Though the death-cum-retirement gratuity was payable to the petitioner in lieu of the death of the mother of the petitioner but the said amount has been paid to the petitioner on 12.06.2023.

¶4Learned counsel appearing for the petitioner has submitted that since there was inordinate delay in payment of death-cum-retirement gratuity to the petitioner, therefore it should have been paid along with adequate interest over the delayed payment.

¶5Learned counsel appearing for the petitioner has invited attention of this court towards representation dated 3.08.2023 submitted before the District Basic Education Officer, Agra whereby petitioner has claimed interest over the delayed payment of death-cum-retirement gratuity.

¶6Learned counsel appearing for the petitioner has further submitted that till date, District Basic Education Officer, Agra has not taken any decision over the aforesaid representation.

¶7On the other hand, learned Standing Counsel has very fairly submitted that since representation has already been filed before the District Basic Education Officer, Agra, therefore, grievance of the petitioner can be looked into and redressed by the said authority.

¶8In view of the aforesaid submissions, without entering into merits of this case, this writ petition is finally disposed of with a direction to District Basic Education Officer, Agra to consider and decide petitioner's representation dated 3.08.2023 contained in Annexure-10 to the writ petition by passing speaking and reasoned order within a period of two months from the date of service of certified copy of this order. Order Date :- 27.10.2023 A. Mandhani High Court of Judicature at Allahabad