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RAJA BASU CHOWDHURY
Gautam Sarkar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. Two separate writ applications have been filed on behalf of Aditya Birla Vani Bharati School (hereinafter referred to as the “school”). In the first writ application, the school has challenged the order dated 20th February 2023 passed by the Certificate Officer in Certificate case no. 197 (M) of 2021-2022 as also the order dated 25th February 2020 passed by the Controlling authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as the “said Act”). The first writ application has been filed through the principal of the school, who is also the secretary of the managing committee of the school.
2. The second writ application has been filed by the managing committee of the school, challenging the self-same orders, although, the grounds of challenge in the second writ application is different from the first. The respondent no. 4 in both the aforesaid writ applications is Gadadhar Paul (hereinafter referred to as the “teacher”), who admittedly was a teacher of the school and had served school for the period between 1968 and 2006.
3. Since both the writ applications raise common questions, those are taken up for hearing together.
4. Altho
Teachers who were in service as on 3rd April, 1997 and had rendered service of not less than 5 years were entitled to gratuity, even if they had retired or terminated their services prior to the amen....
The main legal point established in the judgment is that the teacher was entitled to claim gratuity under The Payment of Gratuity Act, 1972, and the Repealing Act did not affect her right to do so.
The State of Chhattisgarh is not the employer of teachers in private aided educational institutions, and the liability for gratuity payments lies with the institutions, not the State.
The main legal point established in the judgment is that the payment of gratuity for teachers in the Basic Education Department is governed by specific Government Orders, and petitioners must plead f....
Nomenclature irrelevant; salary payments post-superannuation establish gratuity eligibility under 1972 Act.
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