IMPORTANT POINT
Heirs of deceased employees are entitled to gratuity benefits under benevolent schemes, irrespective of the employee's retirement option status.

JUDGMENT :

PRAKASH PADIA, J.

1. The petitioner's husband since deceased Rampoojan Singh was appointed as Assistant Teacher in L.T. Grade on 24.9.1996 and while working in the institution he went missing since 8.10.2007 and inspite of considerable time when he was not traced out an FIR in this connection was lodged as Case Crime No. 319 of 2015 at P.S. Kotwali, Rampur in which after investigation, police has filed closure report/final report about missing of Rampoojan Singh and same was accepted by the Court on 26.9.2015. Thereafter petitioner filed a Civil Suit No. 520 of 2016 (Smt. Malti Devi v. Praveen Singh and another) for declaring the civil death of the husband of the petitioner namely Rampoojan Singh, vide order dated 7.8.2018 death of Rampoojan Singh was declared as civil death. After the aforesaid decree was passed, a death certificate was also issued by the competent authority stating date of death of the Rampoojan Singh on 7.8.2018.

2. It is argued by counsel for the petitioner that after his death representations were made by the wife of the deceased for payment of gratuity. On the said representation letter was written by the Regional Deputy Director of Education (Secondary) 12th Region, Moradabad to the District Inspector of Schools, Rampur dated 23.8.2022 to do the needful in the matter.

3. It is argued that identical controversy has already been decided by this Court in the bunch of cases being leading case Writ A No. 8605 of 2022 (Guru Charan v. State of U.P. and others) along-with connected matters on 4.8.2022.

4. In this view of the matter, it is argued that the respondents be directed to pass appropriate orders in the matter regarding payment of gratuity to the petitioner.

5. It is stated by learned Standing Counsel on behalf of respondent-State that respondent No. 3 will take a decision in the matter expeditiously.

6. Heard learned counsel for the parties and perused the record.

7. The petitioner is claiming for payment of gratuity in terms of the law laid down in the case of Guru Charan (supra). Very recently a judgment dated 9.2.2023 was passed by the Hon'ble Apex Court in Civil Appeal No. 3639 of 2022 (State of U.P. and others v. Priyanka) reported in 2023 Law Suit (SC) 107 which is quoted herein-below :

“[1] Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Allahabad in Special Appeal No. 343 of 2021 by which the Division Bench of the High Court has dismissed the said appeal and has confirmed the judgment and order passed by the learned Single Judge directing the appellants ? State of U.P. and others to pay the gratuity to the original writ petitioner on the death of the deceased employee (her husband), the State of U.P. and others have preferred the present appeal.

[2] The facts leading to the present appeal in nutshell are as under:

2.1 That the deceased employee Dr. Vinod Kumar, husband of the original writ petitioner, was working as Lecturer. He joined service on 2.7.2001 and died on 11.8.2009 while in service. The original writ petitioner - wife of the deceased employee applied for payment of gratuity due to her husband, but the same was rejected on the ground that the husband of the petitioner, while in service, had not opted for retirement at the age of 60 years. The original writ petitioner therefore filed the writ appeal before the High Court being Writ Appeal No. 2211 of 2021.

2.2 Relying upon and following the earlier decisions of the High Court and by observing that if the deceased employee would have been alive, he would have retired in 2026, if he had opted for retirement at the age of 60 years and before he could opt for retirement at the age of 60 years, he died, therefore, the learned Single Judge allowed the writ petition and directed the appellants to compute the amount payable to her husband towards gratuity quantified in accordance with the relevant Government orders with the interest @ 8% p.a. from the date of filing of the appli