Mahadev Yadav And Another vs State Of U.P. And 3 Others
2021 Latest Caselaw 1988 ALL

Citation : 2021 Latest Caselaw 1988 ALL
Judgement Date : 3 February, 2021

Allahabad High Court

Mahadev Yadav And Another vs State Of U.P. And 3 Others on 3 February, 2021

Bench: Sunita Agarwal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 13982 of 2020
 

 
Petitioner :- Mahadev Yadav And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Bharat Pratap Singh,Shivam Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Heard learned counsel for the parties and perused the record.

The petitioners have retired from Class IV post while working in a recognized and aided junior High School. The submission is that the gratuity has not been paid to the petitioners on the ground that there is no provision for payment of gratuity amount to the employees of Junior High School.

Similar issue had been raised before this Court, which had been decided in Writ-A No. 58792 of 2017 (Narayan Singh vs. State Of U.P. and 5 Others) vide judgment and order dated 3.5.2019. It was held therein that the denial of gratuity to Class IV employees of junior High School is discriminatory, inasmuch as, Class IV employees working in recognized and aided secondary Schools are being accorded such benefit.

Looking to the averments in the writ petition, the present writ petition is being disposed of with the direction that the respondent no. 2 i.e. the District Basic Education Officer, Allahabad shall consider the claim for payment of gratuity in the light of the decision of this Court in judgment and order dated 3.5.2019 in the aforementioned writ petition.

An expeditious decision, in accordance with law, shall be taken, as early as possible, preferably, within a period of six weeks from the date of receipt of copy of this order.

Order Date :- 3.2.2021

Brijesh