Court No. - 36
Case :- WRIT - A No. - 6684 of 2019 Petitioner :- Sahab Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadh Narain Rai Counsel for Respondent :- C.S.C.,Syed Nadeem Ahmad
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner, Sri Syed Nadeem Ahmad learned Advocate appearing on behalf of the respondent nos. 3 & 4 and learned Standing Counsel.
The petitioner has retired from the post of Head Master on attaining the age of superannuation on 30.6.2015.
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 petitioner has moved a representation dated 6.2.2019, which is pending consideration before the District Basic Education Officer, Mau.
Be that as it may, in view of the fact that the claim made by the petitioner is required to be considered at the ends of respondent no. 3, 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 no. 3 namely the District Basic Education Officer, District Mau, to consider the claim of the petitioner 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.
Order Date :- 29.4.2019/Brijesh