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J. J. MUNIR
Sehrun Nisha – Appellant
Versus
State Of Up – Respondent
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against the order dated 02.12.2023 passed by the District Minority Welfare Officer, Prayagraj, rejecting the petitioner's claim to gratuity on the ground that the petitioner has sought voluntary retirement at the age of fifty-seven years, whereas gratuity is payable only to those who opt to retire at the age of sixty years (as distinguished from those who opt to retire at the age of sixty-two years) and also in cases of teachers, who die before attaining the age of sixty years.
2. It is submitted that according to paragraph no. 4(1) of the Government Order dated 14.12.2011, it is provided that like civil service, governed by Article 474 of the Civil Service Regulations, those who do not complete ten years of qualifying service, are not entitled to pension but if they opt to retire at the age of sixty years, they are entitled to gratuity under the rules framed for the teachers serving in the aided Intermediate Colleges.
3. On 26.04.2024, this Court passed the following order:
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.
Voluntary retirement constitutes an option for gratuity eligibility, regardless of not opting to retire at the age of 60.
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.
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 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....
Employees of aided educational institutions are entitled to gratuity for their entire service period, as per the applicable rules and acts.
Gratuity – Death-cum-retirement gratuity is benevolent scheme and same is extended to heirs/dependents of deceased employee.
The main legal point established in the judgment is that the amended definition of the word 'employee' under the Payment of Gratuity Act, 1972, covers contract-based Teachers, entitling them to claim....
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