Ankit Kumar Mishra and 2 Others v. State of U.P. and 3 Others

Court No. - 36 Case :- WRIT - A No. - 18970 of 2023 Petitioner :- Ankit Kumar Mishra And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Shukla Counsel for Respondent :- CSC,Tej Bhan Singh Hon'ble Manjive Shukla,J.

¶1Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for the Respondent No. 1 as well as Mr. Tej Bhan Singh, learned counsel appearing for the Respondents No. 2, 3 & 4.

¶2Learned counsel appearing for the petitioners has submitted that the father of the petitioners, while working on the post of Head Master in Primary School Sonhita, Block-Sujanganj, District Jaunpur died on 10.10.2002. Learned counsel appearing for the petitioners has further submitted that on the date of death, the age of father of the petitioners was less than 60 years and, therefore, petitioners are entitled for death-cum-retirement gratuity but the respondents have not paid the amount due towards death-cum-retirement gratuity till date, which is absolutely arbitrary.

¶3Learned counsel appearing for the petitioners has invited attention of this Court that the controversy involved in the present matter has already been settled by this Court vide judgment and order dated 7.11.2019 passed in Writ-A No. 17399 of 2019 (Usha Rani Vs. State of U.P. and 6 others). Learned counsel appearing for the petitioners has also invited attention of this Court that pursuant to the aforesaid judgment of this Court, State Government itself has issued a Government Order dated

03.02.2023, wherein it is provided that if the death of any teacher working in the primary school takes place before he attains the age of 60 years then his legal heirs will be entitled for payment of death-cum-retirement gratuity and, therefore, the respondents while not paying the amount of death-cum-retirement gratuity to the petitioners is working in absolutely arbitrary manner.

¶4I have considered the submissions advanced by the learned counsel appearing for the petitioners and prima facie it appears that the case of the petitioners is covered by the Government Order dated 03.02.2023 and the petitioners are entitled for the death-cum-retirement gratuity.

¶5In view of the aforesaid reasons, this Writ Petition stands finally disposed of with a direction to Respondents No. 3 & 4 to consider the case of petitioners and if their case is covered by G.O. dated

03.02.2023 then they will ensure the payment of the death-cum-retirement gratuity to the persons legally entitled for the same within a period of two months from the date of presentation of certified copy of this order. Order Date :- 9.11.2023 Gaurav High Court of Judicature at Allahabad