Neutral Citation No. - 2025:AHC:65613 Court No. - 6 Case :- WRIT - A No. - 20340 of 2024 Petitioner :- Sri Devi Respondent :- U.P. Basic Education Board And 5 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Adarsh Singh, learned counsel for petitioner and Sri Mohit Dixit, learned counsel for respondents. 2. In present case, petitioner herself has invited trouble. 3. Learned counsel for petitioner has not disputed that petitioner has submitted an application for voluntary retirement with a specific request that same may be granted w.e.f. 30.11.2023 and in this regard, he refers a letter dated 29.09.2023. 4. Learned counsel further submits that prior to it, on 10.07.2023, a request form was submitted that she does not want to continue in service after 60 years which would entitle her gratuity also. However, respondents have ignored said application dated 10.07.2023 and accepted voluntary retirement w.e.f. 30.11.2023 (petitioner has completed 60 years on 15.11.2023) which dis-entitled the petitioner from payment of gratuity. So far as other financial reliefs are concerned, they have undisputedly granted. 5. Learned counsel further submits that in normal circumstances, every teacher is retired at the end of month on which his/her birthday falls. 6. Learned counsel also refers that petitioner is not well and possibly she has mistakenly submitted both applications simultaneously. 7. Learned counsel for respondents submits that petitioner’s application for voluntary retirement was considered and as mentioned, it was accepted w.e.f. 30.11.2023 and since she has worked 15 days more after she completed 60 years, therefore, gratuity was denied. 8. I have considered above submissions. 9. As referred above, petitioner has invited trouble due to her own act, however, considering that since petitioner has earlier filed an application not to continue beyond 60 years which would entitle her gratuity also, therefore, it ought to have considered prior to request of VRS, however, her VRS was accepted without any communication to withdraw it. Acceptance of VRS is not also not under challenge. 10. In above facts and circumstances, it is observed that application for VRS shall be deemed to be accepted w.e.f. 15.11.2023 and its legal consequence shall follow including payment of gratuity, if there is no other legal impediment, however, interest on its delayed payment would not be paid. 11. Writ petition stands disposed of with above observations. 12. However, it is made clear that this order may not be treated as precedence as it has been passed in peculiar circumstances. Order Date :- 28.4.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad