WAQAR AHMAD v. DISTRICT BASIC EDUCATION OFFICER AND 3 OTHERS
WRIA/14018/2026 · 2026-09-07
Manju Rani Chauhan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4854 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4854 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14018 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard learned counsel for the petitioner, Mr. Shivendra Singh Bhadauria, learned counsel for the respondent-BSA, and learned Standing Counsel for the State-respondents.
2. The writ petition has been filed with the prayer to quash the impugned order dated 19.06.2026, passed by respondent no. 1, District Basic Education Officer, Fatehpur.
3. Learned counsel for the petitioner submits that the petitioner, who was working as Assistant Teacher, took voluntary retirement on
01.10.2022. He moved an application for payment of gratuity on
23.01.2023. When nothing was done, Writ-A No. 13889 of 2024 was filed, which was disposed of with a direction to the concerned respondents to look into the petitioner's grievance regarding payment of gratuity.
4. The claim was rejected by order dated 10.01.2025, which was challenged by filing Writ-A No.2370 of 2025. The said writ petition was allowed, with a direction to the concerned respondents to sanction and pay gratuity to the petitioner along with interest at the rate of 9% per annum from the due date till the date of actual payment, within the stipulated period.
5. Against the aforesaid order, Special Appeal Defective No. 442 of 2026 was filed by the District Basic Education Officer and two others, wherein, vide order dated 29.05.2026, the date of the Versus Counsel for Petitioner(s) : Abhishek Singh, Adarsh Singh Counsel for Respondent(s) : C.S.C., Shivendra Singh Bhadauria Waqar Ahmad .....Petitioner(s) District Basic Education Officer And 3 Others .....Respondent(s)
application for payment of gratuity was accepted to be 23.01.2023. Despite the aforesaid orders passed by this Court, the impugned
order has been passed denying that the date of application to be
23.01.2023.
6. Learned counsel for the petitioner submits that once the date of making the application has been accepted by the Division Bench of this Court, the same has attained finality, and no issue regarding the same can be raised by the respondents at this stage.
7. On the aforesaid, learned counsel for the respondent-BSA, emphasizing upon-23 of the writ petition, submits that a simple application was given, wherein no date has been mentioned except the date of the portal receipt, i.e., 23.01.2023. He further submits that the proper formality has not been completed, as the application had to be moved in a proper format of 3 or 4 pages.
8. This Court is of the opinion that once the Division Bench has already accepted the date of the application for payment of gratuity as 23.01.2023, the respondents are liable to pay the amount as
directed by the writ court and affirmed by the Division Bench in the Special Appeal, unless the said order of the Division Bench is interfered with.
9. In view of the aforesaid, the impugned order dated 19.06.2026 is hereby quashed. The writ petition is allowed with a direction to the District Basic Education Officer, Fatehpur, and the Finance & Accounts Officer (Basic Education), Fatehpur, to pay interest on gratuity to the petitioner at the rate of 9% per annum from the due date, i.e., 23.01.2023, till 03.06.2025, within a period of two months from the date of production of a certified copy of this order. September 8, 2026 Rahul.
WRIA No. 14018 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad