SMT. RAM PYARI DEVI v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDUCATION AND 4 OTHERS
WRIA/3837/2025 · 2025-04-11
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133012 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133012 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20695 Court No. - 3 Case :- WRIT - A No. - 3837 of 2025 Petitioner :- Smt. Ram Pyari Devi Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education And 4 Others Counsel for Petitioner :- Shiv Kumar Counsel for Respondent :- C.S.C.,Kumar Ayush,Ran Vijay Singh Hon'ble Rajesh Singh Chauhan,J. 1.Heard learned counsel for the petitioner, Sri Sanjiv Singh, learned Standing Counsel for the State-respondents, Sri Ran Vijay Singh, learned counsel for the opposite party No.3 and Mohd. Irfan, learned Advocate holding brief of Sri Kumar Ayush, learned counsel for the opposite party Nos.4 & 5. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the gratuity in respect of her late husband who died on 05.03.2008 during service period after completing his service more than 40 years in the Basic Shiksha Department, in the interest of justice. (II) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the interest on payment of gratuity from the death of late husband of the petitioner i.e. 05.03.2008, in the interest of justice and equity."
3. Learned counsel for the petitioner has submitted that for redressal of her grievance, the petitioner has preferred representations dated 19.07.2019 and 06.07.2010 to the authority concerned, but no decision has been taken on the same till date. 4. Learned counsel for the petitioner has further submitted that the petitioner is ready to prefer a fresh representation to the Competent Authority, therefore, she may be permitted to prefer a fresh representations to the Competent Authority and direction may be issued him/ her to consider and decide the said representation within a stipulated time. 5. Learned Standing Counsel has stated that he has no objection if direction is issued to the Competent Authority to consider and decide the representation of the petitioner within a stipulated
time. 6.
In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioner to prefer a fresh representation to the opposite party No.4 i.e. the District Basic Education Officer, Bahraich taking all pleas and grounds which are available with her annexing therewith copy of her earlier representation, if any, and the relevant documents in support of her claim within a period of fifteen days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition say within a period of two months from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith. 7. In view of the aforesaid terms, the instant writ petition is
disposed of finally. . [Rajesh Singh Chauhan,J.]
Order Date :- 11.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench