Neutral Citation No. - 2025:AHC:78642-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 428 of 2025 Appellant :- Ram Sakhi Respondent :- State of U.P. and 5 others Counsel for Appellant :- Akhilesh Chandra Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Learned Single Judge has dismissed the writ petition filed by the appellant in respect of denial of claim of gratuity only on the ground that steps were not taken during the last six years to effect service of notice upon the Committee of Management. 2. Learned counsel for the appellant argues that the appellant is a widow and is not well versed with the legal procedures and was bonafidely pursuing the matter. It is submitted that due to inadvertence, steps were not taken in the writ petition filed by the appellant and matter was otherwise not listed under Chapter XII Rule 4 of the Rules of this Court. It is, therefore, submitted that the view taken by the learned Single Judge to dismiss the writ petition on such ground is rather harsh and requires interference in the facts of the present case. 3. Learned State Counsel opposes the prayers made in the special appeal. 4. Perusal of the record indicates that the grievance raised by the appellant is with regard to denial of gratuity payable to her husband. The writ petition was filed in the year 2019 wherein the State had already filed its counter affidavit. The claim of the appellant was essentially being contested by the State. The Committee of Management was more or less a formal party. Not taking of steps to effect service of notice, is not found to be to any advantage of the appellant and appears to be inadvertent error on the part of the counsel or his clerk. 5. We are of the view that in such circumstances, dismissal of the writ petition may appear to be harsh particularly, when the appellant is a widow and is otherwise stated to be not well versed with legal procedures. An opportunity ought to have been granted to the appellant to take steps particularly as no advantage was availed by the petitioner on account of not taking steps. 6. In that view of the matter, we allow the present appeal and set aside the order dated 8.4.2025. The appellant shall have opportunity to take steps within two weeks to effect service of notice upon the Committee of Management, whereafter the matter shall be listed for admission/hearing. 7. We request the learned Single Judge to take up the matter as per His Lordship's convenience, considering the fact that the appellant is a widow and the grievance is with regard to denial of gratuity. Order Date :- 13.5.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad