SARVESH KUMARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the petitioner and learned standing counsel for the State respondents. With their consent, the instant petition is being disposed of finally without inviting a formal counter affidavit.

(2.) The petitioner is widow of Late Harpal Singh, who died in an accident on 27.2.2016 while in harness as Physical Training Inspector in A.K.K. Inter College, Amroha, a recognised institution under the U.P. Intermediate Education Act, 1921 and to which provisions of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 are also applicable. The husband of the petitioner died after putting in about 16 years of service. The petitioner filed an application for grant of death-cum-retirement gratuity consequent to death of her husband, but the same has been declined by impugned order dated 11.2.2019 passed by the third respondent on the sole ground that the petitioner's husband had not filled the option form in respect of his age of retirement, therefore, it shall be presumed that he wanted to continue in service until the age of 62 years instead of 60 years.

(3.) An employee becomes entitled to death-cum-retirement gratuity if he opt to retire at the prescribed age of superannuation and foregoes the benefit of extension of service of two years under various government orders issued from time to time. The relevant rule governing the grant of death-cum-retirement gratuity, as quoted in the impugned order, is as follows :-