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2025 DAILYLAW 194928 (ALL)

RAKESH KUMAR SRIVASTAVA v. STATE OF U.P. THRU. SECY. BASIC EDU. LKO AND 3 OTHERS

WRIA/13205/2025 · 2025-11-14

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13205 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the State, Mr. Ran Vijay Singh, learned counsel for the respondent nos. 3 & 4 and perused the material placed on record. Instant petition has been filed seeking following reliefs:- "(i) Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 3 and 4 to ensure payment of the post death claims like death gratuity, G.P.F., Group Insurance and family pension relating to the late wife of the petitioner who died in harness on 02.12.2017 while serving as Head Mistress Primary School City -1 Sadar, in the interest of justice. (ii) Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 3 and 4 to ensure payment of arrears of salary of the petitioner's wife for the period July 2017 till November 2017 as also arrears of family pension from the date the same was admissible to the petitioner, in the interest of justice. (iii) Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 3 and 4 to pay penal interest at the prevailing market rate on delayed payment of post death claims of the petitioner's wife together with the arrears of salary spanning from July 2017 till November 2017, in the interest of justice. (iv) Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 3 and 4 to take a decision on the representation of the petitioner for releasing the post death claims relating to the late wife of the petitioner alongwith arrears of family pension and arrears of salary of the deceased employee from July 2017 to November 2017, in the interest of justice" Learned counsel for the petitioner, after argument at length, submits that the interest of justice would be sub-served if this Hon'ble Court is pleased to give liberty to the petitioner to move fresh representation before the respondent no.3 within fifteen days and direct the respondent no.3 to consider and decide the same in accordance with law, within stipulated period of time as may be fixed by this Court. Versus Counsel for Petitioner(s) : Vinay Misra Counsel for Respondent(s) : C.S.C., Ran Vijay Singh Rakesh Kumar Srivastava .....Petitioner(s) State Of U.P. Thru. Secy. Basic Edu. Lko And 3 Others .....Respondent(s) Learned counsels for the respondents have no objection to the submission aforesaid. Be that as it may, without entering into merits of the case, the petitioner is given liberty to move fresh representation before the respondent no.3 within fifteen days and in case such representation is moved, the respondent no.3/District Basic Educaation Officer, District Pratapgarh is directed to consider and decide the same in accordance with law, within further period of two months. Needless to say that if authorities reach to the conclusion with respect to entitlement of payment of the death claim, the same shall be paid to the petitioner forthwith. With the aforesaid observations, the writ petition is disposed of. November 14, 2025 Ram Murti WRIA No. 13205 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench