SUNIL KUMAR v. STATE OF UTTAR PRADESH AND 4 OTHERS
WRIA/10013/2025 · 2025-07-21
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76878 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76878 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119926 Court No. - 52 Case :- WRIT - A No. - 10013 of 2025 Petitioner :- Sunil Kumar Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Anurag Shukla Counsel for Respondent :- Ajeet Singh,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Anurag Shukla, learned counsel for the petitioner, Mr. Ajeet Singh, learned counsel for the respondent nos.3 to 5, learned Standing Counsel for the State and perused the record. The present writ petition has been filed with a prayer to direct the Basic Shiksha Adhikari, Kanpur Dehat to recalculate and release the difference of Death cum Retirement Gratuity payable to the petitioner on account of death of his wife namely Late Smt. Rekha Devi in the light of Government Order dated 02.07.2024 as well as a further prayer to direct the Basic Shiksha Adhikari, Kanpur Dehat to release admissible interest on delayed payment of death cum retirement gratuity of the petitioner's wife and a further prayer to direct the respondent no.4 to decide the representation of the petitioner dated 07.05.2025 within a stipulated period.
Learned counsel for the petitioner submits that the petitioner has represented before the respondent no.4 regarding re- calculation of release the difference of death cum retirement gratuity payable to the petitioner on account of death of his wife in the light of Government Order dated 02.07.2024 as well as other benefits, but the same has not been decided till date. Mr. Ajeet Singh, learned counsel for the respondent nos.3 to 5 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 his grievances, supported by such documents, as may be advised, before the respondent no.4, i.e. Basic Shiksha Adhikari, Kanpur Dehat within two weeks from today along with a certified copy of this
order. On such representation being made, respondent no.4 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 four weeks from the date of production of certified copy of this order, if there is no legal impediment.
Order Date :- 22.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad