PANKAJ BHATIA
Ranjana Sharma – Appellant
Versus
State Of U. P Thru. Addl. Chief Secy. Prin. Secy. Deptt. Medical Edu Lko. – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The right to pension and gratuity is recognized as a property right of the petitioners, protected under the constitutional provisions, specifically under Article 300-A, which prohibits deprivation of property except by authority of law (!) (!) .
Executive orders or administrative instructions that do not have statutory backing cannot be used to deny or withhold pension and gratuity, as these benefits are not mere gratuities but accrued rights arising from long-standing service (!) (!) (!) .
The entitlement to pension and gratuity is governed by statutory rules, which create vested rights. Any deprivation of these rights must be in accordance with law, and administrative orders alone are insufficient to deny such benefits (!) (!) .
The benefit of pension and gratuity cannot be withdrawn or denied through executive instructions or administrative circulars that lack statutory authority, as doing so would violate constitutional protections (!) (!) .
The right to receive pension and gratuity is also protected under the broader constitutional guarantee of socio-economic justice, and these are not grants of grace but earned rights based on service (!) (!) .
Denial of gratuity based solely on continued service beyond the retirement age, without a statutory provision or lawful authority, constitutes a violation of constitutional rights and principles of equality and non-arbitrariness (!) (!) .
The State's actions in denying gratuity to the petitioners, despite the absence of any misconduct or violation of rules, and based solely on executive orders, are unlawful and unconstitutional (!) (!) .
The petitioners are entitled to the payment of gratuity and the decision regarding pension commutation must be made within a specified timeframe, with interest payable on the delayed gratuity amount from the date of retirement (!) (!) .
The court emphasizes that pension and gratuity are earned rights, not discretionary benefits, and any attempt to deny them without following statutory procedures or law violates constitutional protections (!) (!) .
The order directs the respondents to pay the gratuity amounts owed to the petitioners within three months of the order's certified copy, along with interest, and to decide on pension commutation applications within the same period (!) (!) .
Please let me know if you require further analysis or assistance with specific legal questions related to this case.
JUDGMENT :
(Pankaj Bhatia, J.)
1. Heard Sri Gaurav Mehrotra, learned Counsel for the petitioners and learned Standing Counsel.
2. Despite stop order passed on 23.05.2023 granting four weeks' and no more time to file counter affidavit, the State has chosen not to file the counter affidavit. The instructions have been produced by the learned Standing Counsel indicating the reasons, as to why, the claim of the gratuity is not being paid to the petitioners. The said instructions are taken on record and the matter is decided finally as the issue hinges upon the interpretation of legal grounds, there being no dispute on facts.
3. The facts in brief are that the petitioners no.1 and 2 were appointed in the Ganesh Shankar Vidyarthi Memorial Medical College, Kanpur and in the Medical College, Meerut respectively and continued to serve till attaining the age of superannuation, however, the State Government with a view to tide over the requirement of super specialty doctors, issued a Government Order dated 06.02.2015 increasing the age of retirement from 60 years to 65 years, a copy whereof has been filed as (Annexure-7) to the writ petition. It appears from the record that on attaining the a
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