Neutral Citation No. - 2025:AHC:72852 Court No. - 6 Case :- WRIT - A No. - 9274 of 2023 Petitioner :- Anjali Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Udai Prakash Deo Pandey Counsel for Respondent :- Ajay Kumar Sharma,C.S.C.,Shashi Prakash Rai Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Udai Prakash Deo Pandey, learned counsel for the petitioner and Sri Shashi Prakash Rai for respondent nos.3 and 4. 2. It is not under dispute that petitioner has applied for Voluntary Retirement Scheme (VRS) which was accepted when she reached the age of 58 years and its legal consequence has already followed since financial benefits have been given to her. 3. Learned counsel for the petitioner submitted that still petitioner is entitled for gratuity since the petitioner has suffered brain injury and has suffered memory loss, therefore, she has not been able to give her option required for the purpose of gratuity. 4. Learned counsel for the respondents submitted that since the petitioner's VRS was accepted before age of 58 years, therefore, such option was curtailed by the petitioner himself, as such she is not entitled for gratuity. 5. It is not under dispute that petitioner being an Assistant Teacher near about age of 58 years has submitted an option for VRS, which was accepted also. 6. There may be a case that an employee died before he could give an option then gratuity could be paid to legal heirs. However, in present case, the petitioner has himself curtailed her option which could be submitted at the age of 60 years, by submitting an application for VRS, which was accepted when he was aged about 58 years. 7. In aforesaid circumstances, Court is of the view that since the petitioner has himself curtailed her option to claim gratuity and instead took VRS, therefore, at this stage, petitioner cannot take a U turn and claim gratuity. 8. Accordingly, writ petition has no force. It is accordingly, dismissed. Order Date :- 6.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad