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RAJESH SHANKAR
Vijay Kumar – Appellant
Versus
State of Jharkhand, through the Chief Secretary – Respondent
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:
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.
The main legal point established in the judgment is the entitlement of teachers in privately managed colleges to gratuity and leave encashment, with the financial liabilities to be borne by the priva....
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....
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.
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....
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.
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