Udaipal Singh And 5 Others vs State Of U.P. And 5 Others
2021 Latest Caselaw 7811 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 1756 of 2021
 
Petitioner :- Udaipal Singh and 5 Others
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Ram Sevak Yadav,Pankaj Roy
 
Counsel for Respondent :- C.S.C.,Mrigraj Singh
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the petitioners, learned Standing Counsel for State respondent no.1 and Shri Mrigraj Singh, Advocate appearing on behalf of the respondent nos.2, 3 & 4.

The petitioners have retired from the post of Head Master on attaining the age of superannuation on 30.6.2007, 30.6.2002 and 30.6.2000. It is contended that as per the amending Act No. 47 of 2009 of the Payment of Gratuity Act, the teachers are held entitled for gratuity. This position has also been clarified by the Apex Court in the judgment and order dated 7th March, 2019 passed in Civil Appeal No. 2530 of 2012 (Birla Institute of Technology vs. The State of Jharkhand and others).

The petitioners have moved a representation dated 06.2.2019, which is pending consideration before the District Basic Education Officer, Jaunpur.

Be that as it may, in view of the fact that the claim made by the petitioners is required to be considered at the ends of respondent nos.3 and 5, this Court does not find any reason to keep the present writ petition pending.

The writ petition is, therefore, being disposed of with the direction to the respondent nos.3 and 5 to consider the claim of the petitioners for grant of gratuity in the light of amendment made by amending Act No. 47 of 2009 in the Payment of Gratuity Act and the position of law declared by the Apex Court in the judgment and order dated 7th March, 2019, as aforesaid.

An expeditious decision, shall be taken by passing a reasoned and speaking order in accordance with law, preferably, within a period of one month from the date of submission of certified copy of this order.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 12.7.2021

RKP