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2026 DAILYLAW 9847 (ALL)

MEENA DEVI v. STATE OF U.P. AND 3 OTHERS

WRIA/15987/2026 · 2026-09-29

Manju Rani Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15987 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent nos.1 and 2 as well as Mr. Mohit Dixit, learned Advocate holding brief of Mr. Kaushlesh Pratap Singh, learned counsel for respondent nos.3 and 4. 2. The instant writ petition has been filed with the following prayers: "a) Issue order directions nature of certiorari to quash the impugned order dated 05.08.2026 passed by the District Basic Shiksha Adhikari, Farrukhabad vide letter No. Basic/ Court/Nistaran/41199-26/2026-27 dated 05.08.2026 by which rejected the representation of the petitioner for payment of interest on gratuity amount from 24.01.2012 to 20.02.2023 and 27.04.2023 to till the actual payment. b) issue a writ, order or direction in the nature of mandamus commanding to direct the respondent No.2 to 4 to pay the interest on gratuity amount from the date of death of her husband i.e, on 24.01.2012 to 20.02.2023 and 27.04.2023 to till the date of actual payment in the account of the petitioner alongwith the interest as notified by the government time to time, within stipulated period as may be fixed by this Hon'ble Court. c) Issue a writ, order or direction in the nature of mandamus commanding to direct the respondent No.3 to decide the representation of the petitioner dated 18.09.2026 within stipulated period as may be fixed by this Hon'ble Court. ………….." 3. Learned counsel for the petitioner submits that earlier the petitioner has Versus Counsel for Petitioner(s) : Akhilesh Kumar Yadav, Shyam Lal Counsel for Respondent(s) : C.S.C., Kaushlesh Pratap Singh Meena Devi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) approached this Court by means of filing Writ-A No.2928 of 2023 (Meena Devi vs. State of U.P. And 3 Others) with the prayer that the petitioner whose husband died-in-harness on 21.01.2012 while serving as Assistant Teacher in Upper Primary School was entitled for all retiral/death dues, however, all dues except for death/retirement gratuity were paid to the petitioner. He further submits that for payment of death/retirement gratuity, the petitioner had moved a representation, which was not considered, therefore, a direction was issued vide order dated 21.02.2023 to the concerned District Basic Education Officer to decide the claim of the petitioner regarding payment of death/retirement gratuity in the aforesaid writ petition. He also contends that in compliance of the aforesaid, though, death/retirement gratuity was paid to the petitioner on 26.04.2023, however, the interest from the date of entitlement was not paid to the petitioner, therefore, Writ-A No.20056 of 2023 (Meena Devi vs. State of U.P. And 3 Others) was filed by her, which was disposed of with a direction to the concerned respondents to look into the grievance of the petitioner. In compliance of the aforesaid, the order impugned has been passed, rejecting the claim of the petitioner without passing any reasoned order, hence the same is arbitrary. 4. Learned counsel for respondent nos.3 and 4 could not dispute the aforesaid fact. 5. Accordingly, the order impugned dated 05.08.2026 is set aside. 6. The matter is remitted back to respondent no.3-District Basic Education Officer, District-Farrukhabad for decision afresh, on merits, strictly in accordance with law, by means of reasoned and speaking order, after giving opportunity of hearing to all the parties concerned, preferably within a period of two months from the date of production of certified copy of this order, if there is no legal impediment. 7. The present writ petition is allowed subject to the observations made above. September 30, 2026 K.N. WRIA No. 15987 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad