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2025 DAILYLAW 64264 (ALL)

SMT MADHUBALA SAXENA v. STATE OF U.P. AND 2 OTHERS

WRIA/8064/2025 · 2025-07-17

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116857 Court No. - 52 Case :- WRIT - A No. - 8064 of 2025 Petitioner :- Smt Madhubala Saxena Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aktar Ahmed Siddiqui Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. The petitioner has preferred instant writ petition for a direction upon respondent no. 2 - District Basic Education Officer, Shahjahanpur to decide the claim of the petitioner in respect to the gratuity of her husband. She has further prayed to direct the respondent no.2 to release the amount of gratuity as mentioned in the representation dated 08.08.2024, within stipulated period. Learned counsel for the petitioner submits that husband of the petitioner died in the year 1996. He further submits that payment of gratuity has not been paid till date. Learned counsel for the petitioner submits that for ventilation of her grievances, the petitioner has approached the authority concerned by moving representations. However, despite several representations moved by the petitioner, no heed has yet been paid. Learned counsel for the State-respondents submits that in case petitioner moves fresh application/representation before the competent authority, the same shall be considered and decided in accordance with law. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioner may make fresh application/representation, ventilating all her grievances, supported by such documents, as may be advised, before the respondent no.2 District Basic Education Officer, Shahjahanpur, within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.2 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 18.7.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad