Allahabad High Court
DHARMENDRA KUMAR AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The writ petition is dismissed; petitioners must file an independent representation with necessary factual and legal averments for the respondent to decide the gratuity claim.
Summary
The petitioners, Dharmendra Kumar and four others, filed a writ petition seeking the benefit of gratuity from the State of Uttar Pradesh. Their counsel, Gautam Baghel, relied on the petition and annexed documents to assert a right to gratuity. The respondents, represented by C.S.C., did not contest the claim but indicated that a proper independent representation was required. The Court observed that the petitioners must file an independent representation containing detailed factual and legal averments. Upon such filing, the concerned respondent authority would be expected to pass an order in accordance with law. Consequently, the Court disposed of the writ petition, directing the petitioners to approach the respondent with a complete representation.
Issues considered
- What is the appropriate procedure for petitioners to claim gratuity benefits from the State?
- Does the writ petition, as filed, suffice for the Court to grant gratuity relief?
Subjects
- gratuity
- service law
- writ petition
- procedural requirement
- employee benefits
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6398 of 2026
Dharmendra Kumar And 4 Others
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Gautam Baghel
Counsel for Respondent(s) : C.S.C.
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Gautam Baghel, learned counsel for petitioners and Sri
Vinod Kumar Rai, learned Standing Counsel for State-Respondents.
2. Petitioners are claiming benefit of gratuity and for that learned counsel
for petitioners refers the averments made in this writ petition as well as
documents annexed and prays that petitioners’ respective representation
be decided by concerned respondent.
3. In aforesaid circumstances, on basis of above submission, this writ
petition is disposed of with an observation that in case petitioners file
independent representation mentioning necessary averments on fact as
well as on law, concerned respondent will pass independent order in
accordance with law.
(Saurabh Shyam Shamshery,J.)
May 7, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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