Neutral Citation No. - 2025:AHC:77915 Court No. - 38 Case :- WRIT - A No. - 7240 of 2010 Petitioner :- Pranvir Singh Srivastava Respondent :- State of U.P. and Others Counsel for Petitioner :- D.K. Srivastava Counsel for Respondent :- Chandra Bhan Gupta Hon'ble Donadi Ramesh,J. 1. The present writ petition is filed for the following relief:- "(A). Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 05.11.2009 passed by the respondent no.2 (Annexure No.7 of the writ petition). (B). Issue a writ, order or direction in the nature of Mandamus directing the respondents to release the amount of gratuity to the petitioner's wife forthwith along with the interest." 2. After retirement of the petitioner's wife, though the respondents have released the pensionary benefits to the petitioner's wife except gratuity and despite repeated requests the respondent- authorities have not considered the representation, left with no option the petitioner has approached this Court by means of Writ Petition No.42528 of 2009. The said writ petition was disposed of vide order dated 18.08.2009, directing the respondents to release the claim of the gratuity to the petitioner forthwith. But unfortunately, the respondents have not considered the order of this Court. The petitioner has submitted a reminder on 28.10.2009 to the second- respondent. In reply to the said reminder the second- respondent have passed the impugned order dated 05.11.2009, rejecting the claim of the gratuity of petitioner's wife on the ground that she has not opted to retire at the age of 58 years and hence she is not entitle for gratuity. In fact on perusal of the service book the petitioner stated that her wife has opted to retire at the age of 58 years. Though the fourth- respondent has filed counter affidavit stating that wife of the petitioner has not made the claim/ option, hence, she is not entitled for the gratuity. 3. But learned counsel for the petitioner has submitted that by relying upon the order of this Court in Writ C No.7730 of 2016, wherein the identical issue was considered, and paragraph 16 of that writ petition states that the Government Order is not applicable to cases those who opted for voluntary retirement. Accordingly, it is held that the gratuity shall be released in favour of the petitioner. 4. Considering the observations made in the above said writ and also perusal of the contents of the present writ petition and the counter affidavit, as the issue involved is already decided by this Court in the above referred matter. This writ petition is also disposed of holding that the petitioner has taken voluntary retirement, hence, the Government Order is not applicable to the case of the petitioner and accordingly, directing the respondents to release the gratuity amount which is payable to the petitioner within a period of two months, from the date of receipt of a copy of this order. Order Date :- 13.5.2025 AdityaG Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad