LOKENDRA KUMAR AGARWAL v. STATE OF U.P. AND 4 OTHERS
WRIA/22053/2022 · 2025-05-07
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62528 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62528 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75232 Court No. - 7 Case :- WRIT - A No. - 22053 of 2022 Petitioner :- Lokendra Kumar Agarwal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gaurav Kumar Shukla Counsel for Respondent :- CSC Hon'ble Vikram D. Chauhan,J. It is submitted by learned counsel for the petitioner that the wife of the petitioner was working on the post of Assistant Teacher in LT Grade and she died while in service on 17.10.2014 i.e. prior to attaining the age of superannuation which is 60 years. As per the law laid down by this Court in the case of Usha Rani Vs. State of U.P. and others in Writ-A No.17399 of 2019 and Smt. Ranjana Kakkar W/o Late Prof. Amarnath Kakkar Vs. State of Uttar Pradesh and others, 2008 (10) ADJ 63 (DB), the petitioner is entitled to the death-cum-retirement gratuity. Learned Standing Counsel submits that even government order has been issued on 14.6.2023 entitling the employees for death-cum- retirement gratuity if the death has occurred prior to attaining the age of superannuation i.e. 60 years. He submits that the matter may be remanded back to the authority concerned for taking decision afresh in accordance with law. In view of the aforesaid, the impugned order dated 29.7.2022 passed by respondent no.4 is hereby set aside. The writ petition is allowed and the matter is remanded back to the respondents to proceed in accordance with the law laid down by this Court in Usha Rani (supra) and Smt. Ranjana Kakkar W/o Late Prof. Amarnath Kakkar (supra) as well as the Government Order dated
14.6.2023. Order Date :- 8.5.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad