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2025 DAILYLAW 137140 (ALL)

KRISHNDEV MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. BASIC EDU. LKO AND 2 OTHERS

WRIA/4686/2025 · 2025-04-29

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24493 Court No. - 3 Case :- WRIT - A No. - 4686 of 2025 Petitioner :- Krishndev Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Basic Edu. Lko And 2 Others Counsel for Petitioner :- D.P. Dutt Tiwari,Deepika Gupta Counsel for Respondent :- C.S.C.,Shailendra Singh Rajawat Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri D.P. Dutt Tiwari, learned counsel for the petitioner and Ms. Meena Singh, learned Standing Counsel for the State- opposite party no.1 and Sri S.S. Rajawat, learned counsel for opposite parties no.2 & 3. 2. By means of this petition, the petitioner has prayed following main reliefs:- "I- Issue a writ, order, or direction in the nature of mandamus directing the opposite parties to pay death-cum-retirement gratuity along with interest on delayed payment of father of petitioner Late Om Prasad Mishra who expired on account of illness on 19.09.2000 after completing service 30 year 11 month 19 day as teacher in the Basic School run under the Uttar Pradesh Basic Education Board. II- Issue a writ, order, or direction in the nature of mandamus directing the opposite parties to take decision on application of petitioner dated 30.08.2024, annexed as Annexure No.4 to the writ petition." 3. At the very outset, Sri Rajawat has stated that other than the present petitioner, there are some more claimants, who are not impleaded in this petition, therefore, any decision may be taken after hearing all the claimants; details of claimants have been shown in Annexure No.1 to the writ petition, those are Smt. Madhuri Mishra, widow of the employee, Sri Avinash Mishra and Prince alias Vikas Kumar, sons of the late employee as well as the present petitioner. 4. Learned counsel for the petitioner has submitted that for redressal of the aforesaid grievance, the petitioner has preferred representation to the competent authority, but to no avail. Learned counsel for the petitioner has also submitted that the petitioner may be permitted to prefer a fresh representation before opposite party no.2 and this Court may direct opposite party no.2 to pass appropriate order strictly in accordance with law. 5. Learned counsel for the opposite parties have no objection if direction for disposal of the representation is issued. 6. Therefore, without entering into merits of the issue, the petitioner is permitted to prefer a fresh representation to opposite party no.2 i.e. District Basic Education officer, Sultanpur taking all pleas and grounds, which are necessary for disposal of the representation and also enclosing the earlier representation, if any, alongwith certified copy of this order within a period of fifteen days from today. If such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the aforesaid representation of the petitioner by speaking and reasoned order, strictly in accordance with law, by affording opportunity of hearing to all the claimants as well as the petitioner, with expedition, say within a period of three months from the date of receipt of the representation and thereafter communicate the decision thereof to the petitioner forthwith. 7. With the aforesaid direction, the writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 29.4.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench