Neutral Citation No. - 2025:AHC:62284 Court No. - 7 Case :- WRIT - A No. - 13315 of 2021 Petitioner :- Mamta Gautam Respondent :- State of U.P. and Others Counsel for Petitioner :- Anwar Hussain Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the parties. 2. It is submitted by learned counsel for the petitioner that gratuity of husband of the petitioner has not been accorded in favour of the petitioner on the ground that option was not submitted at the age of 60 years. 3. Learned counsel for the petitioner submits that the present controversy stand concluded by the judgment of this Court in Writ- A No. 8605 of 2022 (Guru Charan vs. State of U.P. and others) decided on 04.08.2022. Para-66 of the aforesaid judgment is quoted herein below: "66. Viewed from this perspective, grant of benefit of gratuity in such circumstances is directly relatable to the Rules of 1981 itself and therefore there is no occasion for the respondents to hold that change in option is being sought by family members of the deceased who fail to exercise the option since the grant of benefit of gratuity is the natural corollary of extra years of service not being rendered by the predecessors of petitioner. The second aspect of the matter of course, is that predecessors have passed away prior to the time when they were required to submit their options in terms of the various Government Orders and therefore also since they did not have an opportunity to change their option, naturally the family member being successors to their interest would have a right to exercise that option in terms of the Government Order. As such answer to the question is that the grant of gratuity is a natural corollary to services not being rendered for the extra period of two years in terms of conditions of Rules of 1981 and as such, such an option once granted earlier can definitely be revised." 4. Learned Standing Counsel does not dispute the aforesaid preposition of law and submits that subsequently a Government Order dated 14th June, 2023 has been issued and the matter is required to be decided on the aforesaid terms. 5. In view of the aforesaid, the impugned letter No.Pension/5314/2018-19 dated 01.10.2018 is set aside and quashed and the matter is remanded back to the respondent no.3- Divisional Deputy Director of Education, Madhyamik, Agra for decision a fresh, in light of the aforesaid judgment. 6. The writ petition is, accordingly, allowed. Order Date :- 23.4.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad