Allahabad High Court
Devendra Singh vs State Of U.P. And 3 Others on 10 August, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:162690
Court No. - 35
Case :- WRIT - A No. - 11630 of 2023
Petitioner :- Devendra Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Naveen Kumar Yadav
Counsel for Respondent :- C.S.C.,Rohit Pandey
With
Case :- WRIT - A No. - 11421 of 2023
Petitioner :- Ambreesh Kumar Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Naveen Kumar Yadav
Counsel for Respondent :- C.S.C.,Rohit Pandey
Hon'ble Vikas Budhwar,J.
Heard Sri Navin Kumar Yadav, learned counsel for the writ petitioner in the leading and connected writ petitions, Sri Atul Khaneja State Law Officer who appears for respondent No. 1 in both the writ petitions and Ms. Shavni Tiwari holding brief of Sri Rohit Pandey learned counsel who appears for respondent No. 2 in the leading and connected writ petitions.
In view of the order which is being proposed to be passed today, notices are not being issued to the third and fourth respondents in both the writ petitions.
The case of the writ petitioners in leading and connected writ petitions are that the petitioner in leading writ petition was appointed as Assistant Professor on 22.08.2008 and the petitioner in the connected writ petition was appointed as Assistant Professor on 23.07.2007 and they served the institution in question till 05.03.2022 and 28.09.2021 on which date they resigned. They possessed experience certificate in their favour, however, the dues were not extended to them which as per the prayer is for the payment of gratuity and salary deducted for the Covid period 2019 and, thus, they filed the present writ petitions seeking relief for the payment of GPF and the salary. The leading writ petition was taken up on 24.07.2023 wherein the following order was passed.-
"Today when the matter has been taken up the learned counsels appearing before the Court have relied upon the full bench judgment in the case in Writ A No. 9814 of 2020 (Uttam Chand Rawat Vs. State of U.P. & Others) decided on 04.10.2021 to advance their argument. The matter basically pertains to the payment of gratuity and salary, however, the learned counsel for the parties seeks time to go through the provisions of the payment of gratuity act or any statute governing the payment of gratuity in the light of the fact as to whether it would clothe any public element insofar as the present petition is concerned.
On the request of the learned counsel for the parties, put up this case on 03.08.2023 as fresh."
Initially a preliminary objection was raised by the learned counsel for the University and State Law Officer regarding maintainability of the writ petitions on the premise that the relief which is being sought is against a private institute, thus, the same cannot be granted. Learned Counsel for the writ petitioner in both the writ petitions has relied upon the judgment in the case of Independent Schools' Federation of India (Regd.) Vs. Union of India Special Appeal No. 8162 of 2012 while interpreting the notifications issued with regard to entitlement of payment of gratuity in relation with the definition employee in clause (e) of Section (2) of the Payment of Gratuity Act and the amendments made from time to time the teachers in the institutions were made entitled to gratuity. Further reliance has been placed upon the decision of the Calcutta High Court in Central Model School Vs. State of West Bengal 2023 (176) FLR 341.
The submission of the learned counsel for the respondents is that though the writ petition is maintainable against the private institute with regard to payment of gratuity, however, so far as the payment of salary is concerned the same cannot be raised and decided in the present writ petition against the private institute.
To such a stand taken by the respondents, learned counsel for the writ petitioner has no objection and according to him the writ petitioner may be granted liberty to approach the competent authority under the relevant statute for raising his grievances.
Considering the submission of the rival parties and the stand taken by them in the peculiar facts and circumstances of the case the writ petition is being disposed of granting liberty to the writ petitioners to approach the fourth respondent, Director, Kali Charan Nigam Institute of Technology, Banda for redressal for grievances with regard to the payment of gratuity and, in case, any such representation is received along with the self attested copy of the writ petition, the fourth respondent shall decide the claim strictly in accordance with law within a period of two months from the date of production of certified copy of the order. So far as the payment of salary is concerned it is open for the writ petitioners to avail the legal remedy as available under law. Since the order passed today is on the concession and the statement made by the parties the same cannot be treated as a precedent in any other matter.
Order Date :- 10.8.2023
Rajesh
