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RAJESH SHANKAR
Vijay Kumar – Appellant
Versus
State of Jharkhand, through the Chief Secretary – Respondent
| Table of Content |
|---|
| 1. entitlement to retirement gratuity. (Para 1) |
| 2. previous decisions affirm gratuity entitlement. (Para 2 , 6) |
| 3. state government's counter on gratuity admissibility. (Para 3 , 4) |
| 4. gratuity as a vested right per legal precedents. (Para 5) |
| 5. order for payment of gratuity balance. (Para 8 , 9) |
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.
Voluntary retirement constitutes an option for gratuity eligibility, regardless of not opting to retire at the age of 60.
Staff of 95% grant-in-aid colleges deemed akin to government employees for retiral benefits like gratuity and enhanced leave encashment; state bears 95% liability per precedents.
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.
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