Jahangir Jamshed Munir, J. - (1.) Civil Misc. Writ Petition No. 62286 of 2009 has been brought by the District Education Officer, Hamirpur against an order of the Controlling Authority, Payment of Gratuity Act, 1972-cum-Assistant Labour Commissioner, U.P., Kanpur Region, Kanpur, dated 26.09.2009 passed in P.G. Case No. 74 of 2007. By the said order, the Controlling Authority, Payment of Gratuity Act, 1972 (for short, the Authority) has ordered the petitioner to pay the second respondent-employee gratuity in the sum of Rs. 1,48,050/- in accordance with the provisions of the Payment of Gratuity Act, 1972 (for short the Act), instead of Section 9(1) of the U.P. Basic Education Act, 1972 (for the short, the Act of 1972) and Service Rules framed thereunder, governing entitlement to post retiral benefits for the second respondent-employee, a Head Clerk employed with the office of the District Basic Education Officer, Nagar Kshetra Maudaha, District Hamirpur.
(2.) Connected Civil Misc. Writ Petition No. 9831 of 2019 has been filed by the employee, Mohammad Ahmad, who is the second respondent in Civil Misc. Writ Petition No. 62286 of 2009, praying that a writ of mandamus be issued commanding the Authority to issue a recovery certificate against the District Basic Education Officer, Hamirpur, who is the second respondent in this petition and the petitioner in Civil Misc. Writ Petition No. 62286 of 2009, in compliance of the order dated 26.09.2009 passed in P.G. Case No. 74 of 2007, determining the employee's entitlement to gratuity under the Act as detailed hereinabove.
(3.) Since both the writ petitions relate to validity of the order dated 26.09.2009 passed by the Authority under the Act, one assailing its validity and the other seeking its enforcement, the two petitions have been connected and heard together, with Writ - C No. 62286 of 2009 being treated as the leading petition.;