Devendra Kumar Arora, J. - (1.) HEARD Sri Raj Singh, Learned Counsel for the petitioner and the learned Standing Counsel for the respondents.
(2.) BY means of present writ petition, the petitioner is seeking a writ of certiorari for quashing the impugned order dated 28.12.2007 passed by the respondent No. 3, (Annexure -5 to the writ petition), by which the representation of the petitioner with respect to grant of gratuity in pursuance of Government Order dated 19.04.2006 has been rejected. The submission of Learned Counsel for the petitioner is that petitioner was appointed as Assistant Clerk on 13.07.1965 at Shree Akroor Inter College, Hathras an aided college under the provisions of U.P. Intermediate Education Act, 1921. The petitioner attained the age of superannuation on completion of 60 years on 31.05.2005. After superannuation of the petitioner, the papers of the petitioner with respect to sanction of retiral benefits were processed and the same was granted to the petitioner by means of order dated 14.09.2005. The State Government vide Government Order dated 19.04.2006 took a policy decision to provide gratuity to the employees of the Institutions governed by the U.P. Secondary Education Act on attaining the age of superannuation at 60 years.
(3.) THE arguments of Learned Counsel for the petitioner is that since the petitioner has attained the age of superannuation at 60 years, therefore, he is also entitled for the benefit of government order dated 19.04.2006. In support of his submission, Learned Counsel for the petitioner relied upon an interim order dated 11.08.2006 passed in Writ Petition No. 924 (S/S) of 2005 Ram Prasad Yadav v. State of U.P. and Ors. by which as an interim measure considering the request of the petitioner direction was issued to release the retiral dues in favour of the petitioner on the basis of the date of his retirement i.e. 07.02.2005 in the light of government order dated 19.04.2006.;