Retired teachers are entitled to enhanced gratuity of Rs.20,00,000/- as per applicable resolutions, receiving statutory interest from the notification date, reinforcing pension rights.

JUDGMENT :

HON’BLE MR. JUSTICE RAJESH SHANKAR

The present writ petition has been filed for issuance of direction upon the concerned respondents to enhance the maximum limit of retirement gratuity payable to the teachers of the constituent colleges to Rs.20 Lacs w.e.f. 01.01.2016. Further prayer has been made for issuance of direction upon the concerned respondents to make payment of the remaining retirement gratuity of Rs.10 Lacs to the petitioners along with statutory interest w.e.f. 06.08.2021.

2. The present writ petition was earlier taken up on 10.10.2023 and on the said date, the following order was passed:

“Learned counsel for the petitioners submits that the petitioner Nos. 1, 2, 3, 4, & 5 retired on 31.10.2020, 28.02.2021, 31.01.2019, 31.05.2018 & 31.12.2018 respectively from the post of Assistant Professor, Markham College of Commerce, which is a constituent college under Vinoba Bhave University, Hazaribagh and they have received Rs.10 Lac as Gratuity. It is further submitted that the petitioners are entitled for payment of enhanced amount of Gratuity of Rs.20,00,000/- as per the resolution dated 18.01.2017 issued by the Government of Jharkhand whereby the maximum limit of Gratuity payable to the employees of the State Government has been enhanced to Rs.20,00,000/- w.e.f. 01.01.2016. It is also submitted that the issue as to whether the retired teachers of the constituted colleges are entitled for payment of Gratuity of Rs.20,00,000/- at par with the employees of the State Government has already been held in affirmative by a Bench of this Court in W.P.(S) No. 793/2021 [Mahendra Nath Tiwari Vs. State of Jharkhand & Ors. and other analogous cases] as well as in W.P.(S) No. 4921/2022 [Asit Ranjan Batabyal Vs. State of Jharkhand & Ors.].

Ms. Ruby Yadav, learned A.C to S.C-VI appearing on behalf of the respondent Nos. 1 to 3 as well as Mr. Amaresh Kumar, learned counsel for the respondent Nos. 4 to 6, pray for and are allowed two weeks’ time to seek instruction and file respective counter affidavits on the aforesaid issue.

Put up this case on 01.11.2023 under the same heading.”

3. A counter affidavit has been filed on behalf of the respondent Nos. 2 & 3, paragraph 8 of which reads as under:

“8. That it is stated and submitted that by letter No. 492 dated 24.02.2023 issued by the Director, Higher Education, Government of Jharkhand, Ranchi request has been made to all the Universities regarding the minimum qualifications for appointment of teachers, officers of the Universities and other academic staff in Universities and colleges and measures for the maintenance of standards in Higher Education-2022. Para 9.2(ii) states that pension, gratuity, ex-gratia compensation etc. as per Section 71 of Jharkhand State University Act, 2000 (adopted and as amended) shall also be applicable to officers, teachers and library and physical education and sprots cadres of State Universities and colleges including affiliated and constituent colleges, as the case may be. Gratuity shall be paid at par with the employees and officers of the State Government in 7th (Seventh) Pay Scale with effect from January 1, 2016.’’

4. A copy of letter No. 492 dated 24.02.2023 has also been annexed as Annexure-A to the said counter affidavit.

5. Since learned counsel for the petitioners has submitted that the issue with regard to payment of gratuity of Rs.20 Lacs to the retired teachers of the constituent colleges has already been decided in affirmative in W.P.(S) No. 793/2021 [Mahendra Nath Tiwari Vs. State of Jharkhand & Ors. and other analogous cases] as well as in W.P.(S) No. 4921/2022 [Asit Ranjan Batabyal Vs. State of Jharkhand & Ors.], it would be appropri