Court Orders Payment of Gratuity with 6% Interest, Quashes Rejection Based on Non-Retirement at Age 60
In a significant judgment, the Allahabad High Court, Lucknow Bench, has ruled in favor of Smt. Raisa Khan, an Assistant Teacher at Madarsa Ahle Sunnat Merajul Uloom, Faizabad, granting her the right to gratuity despite not opting for retirement at the age of 60. The court quashed the September 2023 order by the Principal Secretary, Minority Welfare Department, which had rejected her claim for gratuity on the grounds of her continuing service until the age of 62.
Justice Irshad Ali presided over the case, highlighting the lack of a sustainable legal basis for denying gratuity solely due to non-exercise of an early retirement option. The court underscored that Raisa Khan, who rendered over two decades of service, was allowed to continue till her retirement on March 31, 2019, and thus should not be deprived of gratuity benefits.
The judgment drew on precedents where similarly situated employees were granted gratuity, emphasizing that the continuation of service beyond the prescribed age cannot be a valid ground for denying such benefits. It was noted that previous High Court and Supreme Court rulings had similarly upheld gratuity rights, reinforcing the court's decision.
The court directed the respondents to calculate and release the gratuity amount along with 6% interest per annum from the date of superannuation until actual payment. The court mandated compliance within three months from the order date.
This judgment marks a crucial stance on employee rights, particularly for those in educational institutions, ensuring that administrative technicalities do not unjustly withhold their rightful benefits.
Bottom Line :
Gratuity cannot be denied to a Madarsa teacher merely on the ground that she did not exercise option to retire at the age of 60 years and continued in service till 62 years, when authorities permitted such continuation and similarly situated employees have been held entitled to gratuity; petitioner held entitled to gratuity with 6% interest from date of superannuation.
Statutory provision(s): Gratuity laws, Government Orders concerning Madarsa employees, judicial precedents on gratuity entitlement.
Smt. Raisa Khan v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2989093
