The Lucknow Bench of the Allahabad High Court has ordered the payment of gratuity to a retired professor along with interest.
A Single Bench of Justice Manish Mathur allowed the petition by Professor Syed Shafeeque Ahmad Ashrafi challenging Clause 4(1) of the Government Order dated June 22, 2018 as well as communication of rejection dated December 2, 2024.
Further, the retired professor had prayed for payment of gratuity along with interest from the date of superannuation till the date of actual payment in terms of order passed by the Court dated 01.10.2024 and other connected matters as well as order dated 30.04.2024 rendered by the Supreme Court in petition has been sought.
The Court noted,
In terms of submissions advanced by counsel for parties and perusal of material on record, particularly judgment rendered in writ petition, University College Retired Teachers Welfare Association, Lucknow and Another versus State of UP and Others, it appears that although the Government Orders under challenge in the petitions and the present one are different but pertain to same cause of action.
The Government Order under challenge as well as the Government Order dated 30.03.1983 and 04.02.2004, which was under challenge in writ petition pertains to denial of gratuity to such teachers who opted to continue in service after prescribed age of superannuation. The Government Orders provided that such gratuity would be payable only to those teachers who opted to retire at the age of 58 years and upon whom provisions of Payment of Gratuity Act, 1972 were made applicable but was denied to those who continued in service up to the age of 60 years, ostensibly for the reason that in such cases, 2 years additional service benefits were opted for.
Upon examination of the order dated 01.10.2024, the Court opined that the same is squarely applicable in the facts and circumstances although in the dispute, the enhancement of the age is from 60 to 62 years. Additionally, it is also seen that petitioner is a teacher who was appointed as a Lecturer/ Assistant Professor in St John’s College, Agra, which was affiliated to Dr B.R Ambedkar University, Agra on 07.01.1992 and superannuated on 30.06.2024 from the post of Professor in Khwaja Moinuddin Chishti Language University, Lucknow and has been denied gratuity benefits on the same analogy which was under challenge in the judgment indicated hereinabove.
Counsel for parties admit that till date the order dated 01.10.2024 passed in Writ petition has not been challenged in appeal.
In terms thereof, Clause 4(1) of the Government Order dated 22.06.2018 as well as communication dated 02.12.2024 is hereby quashed by the High Court. The petitioner shall also be governed by the directions issued by the Court in the order dated 01.10.2024.
The Court directed the opposite parties to ensure payment of gratuity to the petitioner along with interest @ 6% per annum on such arrears with effect from the date of his superannuation till the date of actual payment. Compliance of the aforesaid directions shall be made by the opposite parties positively within a period of six months from the date a certified copy of this order is served upon the concerned authorities.
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