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2025 DAILYLAW 79974 (ALL)

SUKHIYA v. STATE OF U.P. AND 3 OTHERS

WRIA/10649/2025 · 2025-08-10

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135734 Court No. - 52 Case :- WRIT - A No. - 10649 of 2025 Petitioner :- Sukhiya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Srivastava,Saroj Kumar Ram Counsel for Respondent :- Bipin Bihari Pandey,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Learned counsel for respondent-BSA has submitted instructions in Court today, which is kept on record. Heard learned counsel for the petitioner, Mr. Shailendra Singh, Advocate holding brief of Mr. Bipin Bihari Pandey, learned counsel for respondent-BSA and learned Standing Counsel for the State-respondents. The writ petition has been filed with the prayer to direct the respondent no.3 to decide the claim of the petitioner regarding gratuity in the light of Section 4(1) of Payment of Gratuity Act, 1972 within specific time. It is further prayed to direct the respondents to release the amount of gratuity in favour of petitioner along with 12% interest per year in accordance with law. On the basis of instructions, learned counsel for respondent-BSA submits that the petitioner is not entitled for the relief as prayed because her husband died after attaining the age of superannuation i.e. 62 years. However, in case, fresh representation is given by the petitioner before the authority concerned the same shall be decided in accordance with law. Considering the facts and circumstance 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 petitioner may make fresh application/representation, ventilating all her grievances, supported by such documents, as may be advised, before the respondent no.3 District Basic Education Officer, District- Ghazipur, within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.3 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 six weeks from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 11.8.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad