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2021 Supreme(All) 826

MANOJ MISRA, JAYANT BANERJI
District Basic Education – Appellant
Versus
Shivkali – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Awadhesh Kumar
For the Respondent: Kamal Kumar Kesherwani

JUDGMENT :

Manoj Misra, J.

1. This intra-court appeal arises from a judgment and order of a Single Judge dated 02.02.2021 in Writ-A No.11578 of 2020 whereby, the writ petition of the first respondent was allowed with a direction upon the District Basic Education Officer, Basti (first appellant) and the Finance and Account Officer (Basic Education), Basti (second appellant) to compute the amount payable to the petitioner towards gratuity in terms of the scheme formulated by the Government Order dated September 16, 2009 and release the same along with interest at the rate of 8% per annum from the date of filing the application for gratuity till the amount is actually disbursed.

2. In brief, the facts giving rise to the appeal are as follows:-

2. (i). The husband of the first respondent was appointed as Assistant Teacher on 11.03.1974 in a basic school under the Basic Shiksha Parishad, Uttar Pradesh. Later, he was promoted on the post of Headmaster. Initially, the age of superannuation was 58 years which was enhanced to 60 years and, later, to 62 years. Before enhancement of the

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