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2025 DAILYLAW 64787 (ALL)

SAVITRI DEVI v. STATE OF U.P. AND 4 OTHERS

WRIA/8039/2025 · 2025-09-07

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 8039 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. The petitioner has preferred instant writ petition for a direction upon the respondents to pay her husband's retiral benefits including pensionary benefits and also direct the the respondent authority to decide the representation dated 06.03.2024. Learned counsel for the petitioner submits that petitioner's husband was appointed as Assistant Teacher in Gramodaya Shiksha Vikas Samiti Purb Madhyamik Vidyalaya, Upardaha, Baraut, Allahabad (hereinafter referred to as the 'Institution'). Said institution was granted recognition on 29.06.1989. On 08.05.2000, the District Basic Education Officer, Allahabad granted financial approval to the appointment of petitioner's husband along with two others, thus, the petitioner's husband became entitled for salary from the date of approval. Subsequently, petitioner's husband was appointed as Principal on 09.5.2000. He passed away on 01.01.2020. Thereafter, the petitioner approached the respondent authorities for the payment of retiral benefits but nothing has been done till date, therefore, the present writ petition is preferred by the petitioner. Short Counter Affidavit has been filed by the State, mentioning that the Institution in which the petitioner's husband was appointed, has never been taken in the grant-in-aid list, therefore, the petitioner is not entitled for the relief as being claimed for. He further submits that in case the Institution is taken in the grant-in-aid and the financial approval is to be given by the committee headed by the Regional Assistant Director of Education and as the Institution was not taken in the grant-in-aid list, Versus Counsel for Petitioner(s) : R.K. Singh. Rajput, Savan Kumar Counsel for Respondent(s) : C.S.C. Savitri Devi .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) therefore, no financial approval was accorded to the Institution. He next submits that nothing has been placed on record by learned counsel for the petitioner to show that the Institution, in which the petitioner's husband was working, has been taken in the grant-in-aid list. Despite time granted on 26.08.2025, learned counsel for the petitioner has not filed any rejoinder affidavit to the short counter affidavit, and request for further time, which cannot be granted as per Rules of the Court. Having considered the submissions advanced by learned counsel for the parties, perusal of record and facts of the case, I find that no case is made out in favour of the petitioner. The writ petition is dismissed. No order as to costs. September 8, 2025 DS WRIA No. 8039 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad