Neutral Citation No. - 2025:AHC:86359 Court No. - 6 Case :- WRIT - A No. - 7227 of 2025 Petitioner :- Rajendra Kumar Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Virendra Kumar Gupta Counsel for Respondent :- C.S.C.,Manvendra Singh Hon'ble Saurabh Shyam Shamshery,J. 1.Heard Sri Virendra Kumar Gupta, learned counsel for the petitioner and Sri Manvendra Singh, learned counsel for respondents. 2. Petitioner has undisputedly worked till 62 years having knowledge that since he has not given an option at the stage of 60 years, gratuity would not be paid to him and now he has approached this Court on basis of judgment passed by co-ordinate Bench of this Court in the case of Sehrun Nisha Vs. State of U.P. & Ors, 2024 (6) ADJ 439, that he is entitled for gratuity. 3. Learned counsel for the respondents submits that this Court has considered the aforesaid issue in Smt. Usha Verma & Anr Vs. State of U.P. & Ors, Neutral Citation No.2024:AHC:19811. 4. This Court takes note that now the petitioner is aged about 64 years and has approached this Court only after his retirement, therefore, he is a fence sitter. 5. In the aforesaid circumstances, no relief can be granted to the petitioner. 6. This writ petition is dismissed in terms of Smt. Usha Verma (supra). Order Date :- 22.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad