Shyam Murari vs State Of U.P. And 4 Others
2021 Latest Caselaw 1286 ALL

Citation : 2021 Latest Caselaw 1286 ALL
Judgement Date : 20 January, 2021

Allahabad High Court

Shyam Murari vs State Of U.P. And 4 Others on 20 January, 2021

Bench: Salil Kumar Rai




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 7524 of 2020
 

 
Petitioner :- Shyam Murari
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Vineet Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.

Heard the counsel for the petitioner and Shri V.B.Singh, counsel for respondent nos. 3 & 4.

The present writ petition has been filed for a writ of certiorari to quash the order dated 25.10.2018 passed by the District Basic Education Officer, Etawah rejecting the claim of the petitioner for payment of gratuity.

The petitioner has retired as Class-IV employee from Kisan Madhyamik Vidyalaya, Udaipura, Etawah at the age of 60 years and the claim of the petitioner has been rejected on the ground that the different government orders provide for payment of gratuity only to Class-III employees who retired at the age of 60 years.

This Court in Narayan Singh versus State of U.P and others 2019 (5) ADJ 265 held that the denial of gratuity to a Class IV employee is discriminatory and set aside the impugned order in the said case on the aforesaid ground.

It is admitted by the counsel for the respondent that the case of the petitioner is covered by the judgement of this Court referred above.

Following the judgement in Narayan Singh's case (Supra), this Court in Writ A No.5139 of 2020 and Writ A No.7425 of 2020 through its order dated 2.9.2020 and 28.9.2020 respectively directed the concerned respondents to release the gratuity of the petitioners in the said case.

In view of the aforesaid judgments, the impugned order dated 25.10.2018 passed by the District Basic Education Officer, Etawah is hereby quashed.

The Additional Director, Treasury and Pension, Kanpur Division, Kanpur, i.e. respondent no. 2 is directed to release the gratuity amount of the petitioner within a period of two months from the date of filing an application by the petitioner after examining the entitlement of the petitioner for payment of gratuity, if he is, otherwise eligible.

With the aforesaid observations and directions, the writ petition is allowed.

Order Date :- 20.1.2021