Neutral Citation No. - 2025:AHC:142266 Court No. - 52 Case :- WRIT - A No. - 11053 of 2025 Petitioner :- Rajaram Singh Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- C.S.C.,Shashi Prakash Singh Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Santosh Kumar Singh, learned counsel for the petitioner, Mr. Hare Ram, learned Standing Counsel for the State-respondent, Mr. Ashish Kumar Nagwanshi, Advocate holding brief of Mr. Shashi Prakash Singh, learned counsel for the respondent nos.4&5 and perused the record. The petitioner has preferred instant writ petition for a direction upon respondent no.4&5 to release the amount of gratuity of the petitioner alongwith interest within stipulated period. Learned counsel for the petitioner submits that the petitioner, who was appointed as Assistant Teacher, voluntary retired on 30.09.2024, but the gratuity has not been paid till date. Mr. Ashish Kumar Nagwanshi, Advocate holding brief of Mr. Shashi Prakash Singh, learned counsel for the respondent nos.4&5 submits that the records pertaining to the exercise of option opted by the petitioner for superannuation at the age of 60 years, are not available in the office of the BSA, and, therefore, the gratuity has not been released. On the aforesaid, learned counsel for the petitioner submits that the issue has already been decided by this Court in the case of Usha Rani vs. State of U.P. and others, decided on 07.11.2019 passed in Writ-A No. 17399 of 2019, wherein it has been categorically held that an employee is entitled to gratuity irrespective of whether they have exercised the option for retirement at the age of 60 years or not. 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; Basic Shiksha Adhikari, District-Azamgarh 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 :- 20.8.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad