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MANJIVE SHUKLA
Asha Lata Chaubey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Manjive Shukla, J.-Heard Sri Siddharth Khare, learned counsel appearing for the petitioner and learned Standing Counsel appearing for the Respondent Nos. 1 to 4.
2. Petitioner is aggrieved by non-payment of gratuity on her retirement therefore, has filed this writ petition praying therein for a direction from this Court thereby commanding the respondents to pay her gratuity alongwith interest.
3. Brief facts of the case are that Sri Ram Janki Vidya Mandir Balika Vidyalaya, Rajapur, Varanasi (hereinafter referred to as ''school'') is recognized by U.P. Basic Education Board and is receiving grant-in-aid from the Government of U.P. Petitioner was appointed on the post of Assistant Teacher in the school vide appointment order dated 4.9.1989 and she joined on her post in the month of September, 1989.
4. Petitioner continued to work on her post to the utmost satisfaction of her superiors. Petitioner's date of birth is 20.1.1963. Petitioner submitted an application for voluntary retirement which was allowed by the District Basic Education Officer vide order dated 15.1.2022 thereby petitioner has been permitted to retire w.e.f. 31.3.2022. Pursuant to aforesaid order dated 1
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....
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....
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.
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.
Retired teachers are entitled to enhanced gratuity of Rs.20,00,000/- as per applicable resolutions, receiving statutory interest from the notification date, reinforcing pension rights.
Once an option for extension of service beyond normal age of retirement with denial of benefit of gratuity had been exercised by a teacher, family members could not have claimed the benefit in confli....
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