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KSHITIJ SHAILENDRA
Ashok Kumar Tomar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
KSHITIJ SHAILENDRA, J.
1. Heard Shri Siddharth Khare, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. The petitioner was appointed on the post of lecturer in 1982 in an aided educational institution. Thereafter, pursuant to the process issued for appointment on the post of Principal, the petitioner applied and was appointed on the post of Principal on 23.10.2002.
3. The date of birth of the petitioner being 5.11.1959, when he reached age of 50 years in 2009, he opted for voluntary retirement after completing the length of service of 27 years, 9 months and 28 days. The voluntary retirement of the petitioner was accepted by the authorities.
4. While the retirement dues of the petitioner were not being paid, petitioner filed Writ-A No. 58376 of 2010, which was disposed of by this Court vide order dated 22.9.2010, whereby the Joint Director of Education, Saharanpur Region Saharanpur was directed to consider the grievance of the petitioner with regard to non-payment of his dues. Pursuant to the order dated 22.9.2010, passed by this Court, the Joint Director of Education, Saharanpur, passed an order dated 9.12.2010, whereby the payment
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.
Voluntary retirement constitutes an option for gratuity eligibility, regardless of not opting to retire at the age of 60.
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.
Teachers in basic institutions governed by state rules are not considered employees under the Gratuity Act, denying them gratuity benefits.
Employees of aided educational institutions are entitled to gratuity for their entire service period, as per the applicable rules and acts.
Benefits for Payment of Gratuity to Vocational Part-Time Teachers - Act does not draw a distinction between a fulltime employee/a part time employee/ad-hoc employee etc and does not speak of any spec....
Part-time vocational teachers are entitled to gratuity under the Payment of Gratuity Act as they fall within the definition of 'employee' post-amendment, despite arguments regarding their temporary e....
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