SMT. NUZHAT AARA v. STATE OF UPP. THRU. ADDL. CHIEF SECY. DEPTT. OF SECONDARY EDU. LKO. AND 4 OTHERS
WRIA/2898/2025 · 2025-08-01
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128065 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128065 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:44774 Court No. - 5 Case :- WRIT - A No. - 2898 of 2025 Petitioner :- Smt. Nuzhat Aara Respondent :- State Of Upp. Thru. Addl. Chief Secy. Deptt. Of Secondary Edu. Lko. And 4 Others Counsel for Petitioner :- Dinesh Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner and Sri Rajeev Singh, learned Additional Chief Standing Counsel appearing for the respondents No.1 to 4.
2. No notice is being issued to respondent No.5 taking into consideration the nature of order proposed to be passed.
3. With the consent of learned counsel for the parties, the instant writ petition is being finally decided.
4. The grievance of the petitioner, a widow, is that her husband, Sri Rais Ahmad Khan, died in harness on 06.04.2024 while working on the post of Principal. The respondents have failed to pay the retiral dues, as such, the instant petition has been filed.
5. During the pendency of the petition, the respondents started paying family pension to the petitioner, but gratuity and leave encashment have not been paid.
6. The Court had required the learned Standing Counsel to seek instructions vide order dated
17.07.2025.
7. Today, Sri Rajeev Singh, learned Additional Chief Standing Counsel, on the basis of instructions sent by the District Inspector of Schools dated 29.07.2025, states that a Government Order dated 14.06.2023 has been issued pertaining to payment of gratuity to certain persons, and in case the petitioner’s claim is covered by the said Government Order, then her claim for gratuity would be considered.
8. As regards leave encashment, it is contended that no leave encashment is payable to teachers, however, no final decision in this regard has yet been taken.
9. Considering the aforesaid, the writ petition is
disposed of with a direction to the respondent No.3, Deputy Director of Education (Secondary), Ayodhya to consider the claim of the petitioner for payment of gratuity and leave encashment in terms of the Government Order dated 14.06.2023, if applicable.
10. Let an order in this regard be passed within a period of six weeks from the date of receipt of a certified copy of this order. [Abdul Moin, J.]
Order Date :- 1.8.2025/ cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench