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PRAKASH PADIA
Malti Devi – Appellant
Versus
State of U. P. – Respondent
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 (Seconda
Heirs of deceased employees are entitled to gratuity benefits under benevolent schemes, irrespective of the employee's retirement option status.
Gratuity – Death-cum-retirement gratuity is benevolent scheme and same is extended to heirs/dependents of deceased employee.
Death-cum-retirement gratuity - Benefit of gratuity - If husband of petitioner died before attaining the age of 60 years and has not given option for retirement at the age of 60 years, gratuity canno....
Voluntary retirement constitutes an option for gratuity eligibility, regardless of not opting to retire at the age of 60.
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....
Right of female member of the family, or that of brother, of a Government employee who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female ....
[The court established that compassionate appointment claims must adhere to the rules in effect at the time of application, and that the presumption of civil death does not negate prior dismissals or....
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.
Gratuity cannot be withheld solely due to a pending criminal case as per the Bihar Pension Rule, 1950 Rule 43(c) and the judgment in Arvind Kumar Singh Vs State of Bihar and Ors 2018 (II) PLJR 933.
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