MOHAMMAD AZIM BEG v. STATE OF U.P. THRU. PRIN. SECY. MINORITY WELFARE AND WAQF DEPTT. LKO. AND 5 OTHERS
/3244/2022 · 2025-10-14
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201646 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201646 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 3244 of 2022 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Pankaj Patel, learned counsel for respondent nos. 1, 3 and 5, Dr. Uday Veer Singh, learned counsel for respondent no. 4, Mr. Lal Bahadur Khan, learned counsel for respondent no. 6 the State and perused the record. The present petition has been filed seeking direction in the nature of mandamus commanding the respondent nos. 4 and 5 for payment of retiral service gratuity to the petitioner alongwith the interest on delayed payment. The fact remains that the petitioner joined the service as Assistant Teacher in Madarsa Misbahul Uloom, Devan Sharif, Barabanki, which is an aided and recognized institution. The petitioner after working successfully and with the satisfaction of his superiors, has taken voluntary retirement at the age of 60 years. After his retirement, the respondent no. 3 did not pay the gratuity amount payable to the petitioner. The law is settled in this regard, reported in 2024 2 UPLBEC 1363 (Sehrun Nisha Versus State of U.P. and Others) and the ratio drawn in paragraph nos. 4 to 10 is apparent that the present petitioner is also entitled for payment of gratuity, but apart from the above, the petitioner is given liberty to move a fresh representation before the District Minority Welfare Officer, Barabanki/respondent no.3 within period of 15 days and if such representation is moved, the respondent no. 3 is directed to consider and decide the same within further period of three months, from the date, a certified copy of this order is produced before him, in light of the judgment and order rendered in the case of Sehrun Nisha (Supra). Versus Counsel for Petitioner(s) : Vinod Kumar Pandey Counsel for Respondent(s) : C.S.C., Afzal Ahmad Siddiqui, Lal Bahadur Khan, Rahul Shukla, Uday Veer Singh Mohammad Azim Beg .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Minority Welfare And Waqf Deptt. Lko. And 5 Others .....Respondent(s)
With the aforesaid observations, the instant petition is disposed of. October 14, 2025 Mayank WRIA No. 3244 of 2022 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench