- (1.) Learned Single Judge vide order dated 20.8.2009 has referred the following questions of law, to a Larger Bench of this Court, in view of the doubts expressed qua the legal position as stated by another learned Single Judge in his judgment dated 30.1.2009, passed in the case of Roop Chandra v. State of U.P. and Ors. Writ Petition No. 52720 of 2007. (a) Whether the Government Order dated 19th April, 2006, as explained by the Government Order dated 23rd November, 2007, is valid and being prospective in nature will have no application to the employees who retired prior to the date of issuance of the Government Order. (b) Whether an employee, who had opted for retiring at the age of 60 years, like the Petitioner, without availing the benefit of gratuity, can now be permitted to turn around and claim gratuity after his retirement in view of the Government Order dated 19th April, 2006.
(2.) Under order of the Hon'ble The Chief Justice dated 4.9.2009 this Bench has been constituted for answering the reference so made.
(3.) Before adverting to the legal issues involved, it would be worthwhile to refer to the facts, giving rise to the proceedings, in short.;