Court No. - 10
Case :- WRIT - A No. - 112 of 2021 Petitioner :- Jagjivan Sharma Respondent :- Chief Treasury Officer And 4 Others Counsel for Petitioner :- Indra Raj Singh Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
The petitioner has preferred the present writ petition challenging the order dated 30.10.2020 passed by the Chief Treasury Officer, Azamgarh/respondent no. 1, copy of which is appended as Annexure-3 to the writ petition.
By the aforesaid order without providing any notice or opportunity of hearing to the petitioner the respondent no. 1 pass the order stating therein that the amount of gratuity is not admissible to class-IV employee working in recognized Junior High School.
Counsel for the petitioner relied upon the judgment of this Court in the case of Narayan Singh vs. State of U.P. and Others reported in (2019) 3 UPLBEC 2048. Counsel for the petitioner relied upon paragraph Nos. 27, 29, 37 and 38 of the aforesaid judgment which are reproduced below:-
"27. It is unfortunate that only in respect of Class III employees working in a recognized and aided Junior High Schools are being paid their gratuity but the said benefit is not provided to Class IV employees of the same Institutions which is a clear discrimination made by the State Government qua Class IV employees working in the same Institutions.
29. From the perusal of the facts as narrated above, it is clear that in similarly situated Class IV employee either working in a recognized and aided Secondary School or Junior High School run and controlled by the Board of Basic Education are getting gratuity. Wholly illegally the said benefit was denied to the petitioner who is a Class IV employee in a recognized and aided Junior High School only the ground that the matter is pending consideration before the Mantrimandal and unless and until a government order is issued in this regard the gratuity could not be paid.
37. In the facts and circumstances of the case, the order dated 23.10.2017 passed by the respondent No.2 (Annexure 6 to the writ petition) is liable to be set aside. The same is hereby set aside and the respondents are directed to pass appropriate orders in accordance with law specially in view of the observations made hereinabove within a period of four months. It is made clear that if it is found that the petitioner is entitled for the gratuity, the same should be paid to him within a period of two months from the date of the order issued by the authorities in this regard.
38. Apart from the same, it appears that for the non-payment of gratuity to the Class IV employees, large number of writ petitions had been filed before this Court from time to time. In some of the writ petitions, orders were passed and the gratuity was released but unless and until there is an order of this Court, the respondents are not releasing the gratuity to the Class IV employees working in a recognized and aided Junior High School. For the purpose of gratuity, only retired persons are approaching this Court, in the circumstances this Court thinks it proper to issue a Mandamus to the State Government to issue a Government order for the payment of gratuity to Class IV employees working in a recognized and aided Junior High Schools through out the State in order to reduce the litigation before this Court. The aforesaid exercise be completed within a period of four months from the date of presentation of certified copy of this order. "
It is stated in paragraph-7 of the writ petition that the aforesaid order was passed in complete violation of principles of natural justice.
Heard counsel for the petitioner and learned counsel appearing on behalf of respondent nos. 1 to 4.
In the facts and circumstances of the case, the order impugned has been passed in complete violation of principles of natural justice but also in violation of the law laid down by this court in the case of Narayan Singh (Supra).
Accordingly, the writ petition is allowed.
The order dated 30.10.2020 is hereby quashed. Respondent no. 1 is at liberty to pass appropriate order in accordance with law most expeditiously and preferably within a period of three months from the date of presentation of this order.
Order Date :- 13.1.2021 Swati