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MAHENDAR KUMAR GOYAL
Managing Committee – Appellant
Versus
Vishwambhar Lal Joshi – Respondent
ORDER
1. This writ petition assails the legality and validity of the order dated 07.01.2020 passed by the Court of learned Senior Civil Judge, Laxmangarh District Sikar whereby the objection raised by the petitioners/non-applicants in the execution petition filed by the respondent No.l, has been dismissed.
2. The facts in brief are that the respondent No.l was appointed vide order dated 20.07.1964 by the petitioner institution as Senior Teacher against a sanctioned and aided post. He retired on29.11.2001 on attaining the age of superannuation. The application No.44/2006 filed by the respondent No.l under Section 21 of the Rajasthan Non-Government Educational Institutions Act, 1989 (for brevity, "the Act of 1989") seeking inter alia payment of gratuity came to be allowed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (for brevity, "the Tribunal") vide its judgment dated 24.11.2009 and the petitioners were directed to pay to the respondent No.l entire gratuity with 6% interest. On failure to pay the dues as per direction of the learned Tribunal dated 24.11.2009, the respondent No.l preferred an execution petition which is sub judice in the Court of learned Se
Employees of aided educational institutions are entitled to gratuity for their entire service period, as per the applicable rules and acts.
The court held that the petitioner-institution is liable to pay gratuity and leave encashment to respondent-employees for their service period, as per the applicable rules and acts.
Salary – Leave encashment is part of salary – In present case, management establishment was recipient of 70% aid, in form of grant – State cannot shrug its responsibility to shoulder its part of resp....
The court established that the definition of 'employee' under the Payment of Gratuity Act includes the petitioner, entitling him to gratuity despite state claims of exclusion.
Voluntary retirement constitutes an option for gratuity eligibility, regardless of not opting to retire at the age of 60.
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
Service matter - Payment of a gratuity - Rule 5 of these Rules provided that a gratuity equal to six times pay last drawn by a teacher at time of his death would be payable provided he had put in not....
Entitlement to gratuity for teachers retiring at 60 years is established by interpreting Government Orders and previous judgments, irrespective of retirement date and age options.
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