USHA RANI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel for respondent Nos. 1, 2 and 3 and Sri Chandan Agarwal, learned counsel for respondent Nos. 4 to 7.

(2.) Present petition has been filed against the order passed by respondent No. 7- Block Education Officer Block Kadarchauk, District Badaun in terms of which the claim of petitioner for gratuity has been rejected on the ground that daughter of petitioner has not given option for retirement at the age of 60 years, therefore, not entitled for gratuity.

(3.) Learned counsel for the petitioner submitted that daughter of petitioner was initially appointed as Assistant Teacher on 4.12.1999 and joined his services on 7.12.1999 in Primary School, Mallamai, Badaun. Unfortunately, daughter of petitioner died during the course of service on 28.8.2018. After the death of her daughter petitioner applied for terminal dues. The amount of gratuity was refused on the ground that her daughter has not filled up option for retirement at the age of 60 years. It is further submitted that as per Government Order dated 16.09.2009, petitioner's daughter is fully entitled for gratuity even in case if he has not given option for retirement at the age of 60 years, therefore, the order impugned is wholly arbitrary, inasmuch as under the relevant scheme of payment of gratuity, the claim of petitioner's daughter is covered and the Government Order dated 16.09.2009 does not curtail the payment of gratuity to those employees, who have died before attaining the age of 60 years.