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2021 Supreme(Del) 459

V.KAMESWAR RAO
Janardan Sharma – Appellant
Versus
GNCT of Delhi through its Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Varun Mudgil, Mr. Rakesh Kumar, Mr. Mohit Mudgal.
For the Respondent: Mr. Santosh Kumar Tripathy.

JUDGMENT :

V. KAMESWAR RAO, J.

1. The present petition has been filed by the petitioner with the following prayers:

    “In view of the aforementioned facts and circumstances it is most respectfully prayed that this Hon'ble Court may be pleased to:

(a) Issue an appropriate writ, order, or direction to the Respondent No. 1 and 2 for the implementation of the Payment of Gratuity (Amendment) Act, 2009 (No. 47 of 2009) with retrospective effect from 03.04.1997 and extending benefits for Payment of Gratuity to the Vocational Part-Time Teachers' working under the Govt. Schools of the GNCT of Delhi.

(b) Issue an appropriate writ, order, or direction to the Respondent No. 2 and 3 to release the payment of the Gratuity to the Petitioner and/or Vocational Part Time Teachers' after their superannuation or retirement or relieving from the service after attaining the age of 60 years.

(c) Pass such order or further orders including order in respect of costs of the petition as may be deemed fit and proper in the facts and circumstances of the present case.”

2. The facts as noted from the petition are that in the year 1977-78 the respondent No. 2/Directorate of Education, Govt. of NCT of Delhi had introduced

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