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Allahabad High Court

BRAHAM JEET SINGH AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The writ petition is dismissed due to the petitioners' failure to cite any relevant statutory or service rule provisions supporting their claim for gratuity and pension.

Summary

The petitioners, a group of retired assistant teachers, filed a writ petition seeking gratuity, pension and related benefits after retiring at the age of 62. They relied on a prior judgment of this Court but failed to cite the specific provisions supporting their claim. The earlier writ petition filed by them had been dismissed for the same reason – lack of reference to the relevant statutory or service rule provisions. In the present petition, the Court observed that the same defect persisted, with no substantive grounds or statutory basis advanced. Consequently, the Court disposed of the petition, noting that the petitioners remain free to approach the concerned respondent authority for a proper consideration of their claims.

Issues considered

  • What is the appropriate legal basis for granting gratuity and pension to retired assistant teachers?
  • Whether a writ petition can be entertained in the absence of specific statutory or service rule provisions supporting the relief sought?

Subjects

  • gratuity
  • pension
  • service law
  • writ petition
  • procedural defect

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 5510 of 2026

                                    Braham Jeet Singh And 5 Others
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)        : Anand Kumar, Nandini, Renu Choukl
                                    Counsel for Respondent(s)        : C.S.C.

                                    Court No. - 32
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard learned counsel for the parties.

                                    2. Ms. Nandini, learned counsel for the petitioners has extended apology
                                    in regard to Ground No.G and submitted that petitioners have retired on
                                    different dates as Assistant Teachers after working till the age of 62 years
                                    and setup a claim for gratuity, pension etc. and have referred a judgment
                                    passed by this Court, however, details thereof is not mentioned.

                                    3. Earlier writ petition filed by petitioner was dismissed since relevant
                                    provisions in support of prayer were not mentioned and still similar error
                                    is repeated in present writ petition also.

                                    4. In the aforesaid circumstances, ignoring the above defects, this writ
                                    petition is disposed of with an observation that petitioner will have liberty
                                    to approach concern respondent who may look into the matter.


                                                                                (Saurabh Shyam Shamshery,J.)
                                    April 20, 2026
                                    SB




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad


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