Allahabad High Court
DULARIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that the petitioner must make a fresh application to the Finance and Accounts Officer, who must decide the gratuity claim within six weeks, without the Court expressing any opinion on the merits.
Summary
The petitioner, Dulari, filed a writ petition seeking a direction to the Finance and Accounts Officer (respondent No.3) to decide the gratuity claim of her late husband as per a Government order dated 24-12-2025. The petitioner alleged that despite multiple representations, no action was taken. The respondents argued that a fresh application before the competent authority should be considered. The Court, without expressing any view on the merits, disposed of the writ petition by directing the petitioner to file a fresh representation within three weeks, supported by relevant documents. The respondent was ordered to decide the matter within six weeks of receiving the certified copy of the order, after giving a proper hearing and issuing a reasoned order.
Issues considered
- Whether the petitioner is entitled to a court‑directed order compelling the respondent to decide the gratuity claim within a specified time
- Whether the petitioner must first make a fresh application/representation before the Finance and Accounts Officer
Subjects
- gratuity
- writ petition
- direction
- administrative law
- representation
- hearing
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6859 of 2026
Dulari
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar Srivastava
Counsel for Respondent(s) : C.S.C., Shashi Prakash Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the
State, Mr. Shivendra Kumar Singh holding brief of Mr. Shashi Prakash
Singh, learned counsel representing respondent nos. 2 & 3 and perused the
record.
The petitioner has preferred instant writ petition for a direction upon the
respondent no. 3 to decide the claim of gratuity of petitioner's late husband
in the light of Government order dated 24.12.2025 within some specified
time, in accordance with law.
Learned counsel for the petitioner submits that for ventilation of grievance
petitioner has approached the authority concerned by moving
representations, however, despite several representations moved by the
petitioner, no heed has yet been paid.
Learned counsel for the respondents submits that in case petitioner moves
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 respondent no.3
- Finance and Accounts Officer, Basic Education, Mau within three weeks
from today along with a certified copy of this order. On such representation
being made, respondent no.3 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.
May 7, 2026
DS
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
DIGAMBER SINGH
High Court of Judicature at Allahabad
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