Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 160035 (ALL)

NAINCY TRIPATHI @ NAINCY DWIVEDI v. STATE OF U.P. THRU. SECY. BASIC EDU. LKO AND 2 OTHERS

WRIA/9635/2025 · 2025-08-28

Abdul Moin

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9635 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. 1. Heard learned counsel for the petitioner, Sri Vijay Vikram Singh, learned Standing counsel appearing on behalf of the respondent no. 1 and Dr. Udav Veer Singh, learned counsel for the respondents no. 2 & 3. 2. Instant writ petition has been filed praying for a mandamus commanding the respondents no. 2 & 3 to pay remaining contributory provident fund, special life insurance, Death-cum- retirement gratuity,General Provident Fund and other benefits to the petitioner arising out of death of Ms. Vimla Devi who was said to be working as an Assistant Teacher and died during service. 3. The petitioner alleges herself to be the daughter of the deceased employee and thus states that she is entitled for the aforesaid benefits. 4. On the other hand, Dr. Uday Veer Singh, learned counsel for the respondents no. 2 & 3 states on the basis of oral instructions of the Basic Shiksha Adhikari, Barabanki that in the service record of the deceased employee, nobody is recorded as a legal heir and thus in case the petitioner is seeking any benefit, she will have to have herself declared as the daughter of the deceased employee and in the absence of the any such declaration, no writ can be issued for payment of retiral dues. 5. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to file a suit for declaration. In case, a suit is filed Versus Counsel for Petitioner(s) : Ajay Shukla, Kamlesh Kumar Gihar Counsel for Respondent(s) : C.S.C., Uday Veer Singh Naincy Tripathi @ Naincy Dwivedi .....Petitioner(s) State Of U.P. Thru. Secy. Basic Edu. Lko And 2 Others .....Respondent(s) and a declaration is granted in favour of the petitioner then consequences to follow. August 28, 2025 Pachhere/- WRIA No. 9635 of 2025 2 (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench