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2025 DAILYLAW 93224 (ALL)

BECHANI v. STATE OF U.P. AND 2 OTHERS

WRIA/13332/2025 · 2025-09-08

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13332 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, learned counsel for respondent- B.S.A. as well as learned Standing Counsel for the State. The present petition has been filed with the prayer to direct the respondent no.2 to decide the claim of the petitioner in pursuance of gratuity of her late husband in the light of Section 4(1) of the Payment of Gratuity Act, 1972 and a further prayer to direct the respondents to release the amount of gratuity in favour of the petitioner along with interest @ 12% per year, in accordance with law, within stipulated period. Learned counsel for the petitioner submits that repeated representations have been moved by the petitioner before the authority concerned for payment of gratuity of her late husband, however, despite the aforesaid, nothing has been done till date. Learned counsel for respondent-B.S.A. submits that the petitioner is not entitled for the relief as prayed, however, in case petitioner moves a 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 Versus Counsel for Petitioner(s) : Sanjay Kumar Srivastava, Saroj Kumar Ram Counsel for Respondent(s) : C.S.C., Shashi Prakash Singh Bechani .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) respondent no.2-District Basic Education Officer, District- Azamgarh within three 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 six weeks from the date of production of certified copy of this order, if there is no legal impediment. September 9, 2025 Kalp Nath Singh WRIA No. 13332 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad