Neutral Citation No. - 2025:AHC:19505 Court No. - 7 Case :- WRIT - A No. - 1682 of 2025 Petitioner :- Jitendra Singh Sengar Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Sudheer Rana Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Hon'ble Prakash Padia,J. 1. Heard Sri Sudheer Rana, learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent Nos.1 & 2 and Sri Shivendra Singh Bhadauria, learned counsel has accepted notice on behalf of respondent Nos.3 to 5. 2. The order dated 06.04.2024 being Letter No.151-58/2023-24 passed under signature of District Basic Education Officer, Fatehpur as well as Finance and Accounts Officer in the office of District Basic Education Officer, Fatehpur /respondent no.4 & 5 is under under challenge in the present writ petition. 3. By the aforesaid order claim for payment of gratuity has been rejected. 4. It is argued by learned counsel for the petitioner that time and again identical controversy came up before this Court and all such kind of order has already been set aside by this Court from time to time. Learned counsel placed reliance upon a judgement and order dated 19.04.2023 passed by a co-ordinate Bench of this Court in the case of Dr. Ashok Kumar Tomar Vs. State of U.P. and others (Writ A No.7730 of 2016) and argued that the controversy involved in the present petition is absolutely identical and prays that the petitioner is also entitled for the same relief. 5. Sri Shivendra Singh Bhadauria, learned counsel for respondent Nos.3 & 4 very fairly argued that the controversy involved in the present petition is absolutely identical to the case of Dr. Ashok Kumar Tomar (supra). 6. Since the controversy involved in the present petition is absolutely identical to the case of Dr. Ashok Kumar Tomar (supra) and from perusal of the record, it is clear that the findings recorded by the respondents in the order dated 06.04.2024 passed under the signatures of District Basic Education Officer, Fatehpur are also per se illegal, the same is liable to be set aside and the same is hereby set aside. 7. A Mandamus is issued to the respondent Nos.4 & 5 to compute the amount of gratuity payable to the petitioner after hearing the petitioner and release the same in his favour within a period of two months from the date of production of certified copy of this order. The petitioner shall also be entitled for interest @ 9% per annum on the amount of gratuity from the date of his retirement till the date of actual payment. 8. In view of the same, present writ petition is disposed of. Order Date :- 11.2.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad