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2025 DAILYLAW 33254 (ALL)

SMT. MITHLESH KUMARI v. STATE OF UTTAR PRADESH AND 6 OTHERS

WRIA/3729/2025 · 2025-04-23

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62913 Court No. - 7 Case :- WRIT - A No. - 3729 of 2025 Petitioner :- Smt. Mithlesh Kumari Respondent :- State Of Uttar Pradesh And 6 Others Counsel for Petitioner :- Anurag Shukla,Kamal Pati Shukla Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "I. Issue a writ, order or direction in the nature of mandamus commanding the Deputy Director of Education (Secondary) Bareilly Region, Bareilly (Respondent No.4) to release the Death cum Retirement Gratuity in favour of the Petitioner alongwith admissible interest within a specific period as may be directed by this Hon'ble Court. II. Issue a writ, order or direction in the nature of mandamus commanding the Deputy Director of Education (Secondary) Bareilly Region, Bareilly (Respondent No.4) to consider and decide the representation dated 22.03.2022 submitted by the Petitioner (Annexure No.5 to the writ petition) within a specific period as may be directed by this Hon'ble Court." 3. It is submitted by learned counsel for petitioner that the husband of petitioner was working as Assistant Teacher in L.T. Grade and has died while in service. The claim for death-cum-retirement benefits is pending consideration before respondent no.4, however till date, no order has been passed. Learned counsel for petitioner submits that claim of petitioner is covered by Government Order dated 14th June 2023. 4. Learned Standing Counsel submits that representation of the petitioner would be decided in a time bound manner. 5. Considering the facts and circumstances of the case, it is hereby provided that the petitioner shall file a fresh representation before respondent no.4-Deputy Director of Education (Secondary) Bareilly Region, Bareilly within 15 days from today along with certified of this order. The same shall be considered and decided by respondent no.4 within a period of two months thereafter. 6. It is clarified that this Court has not decided the issue on merits and the authorities concerned shall independently apply its mind and pass order in accordance with law. 7. With the aforesaid observation/direction, the writ petition stands disposed of. Order Date :- 24.4.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad