SHREE MAHESHWARI VIDYALAYA (HS), KOLKATA & ANR. Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2018-9-97
HIGH COURT OF CALCUTTA
Decided on September 06,2018

Shree Maheshwari Vidyalaya (Hs), Kolkata And Anr. Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

DEBASISH KAR GUPTA,J. - (1.) In Re: CAN 2134 of 2018 This is an application arises out of an appeal preferred against the judgment and order dated December 13, 2017 passed by the learned Single Judge in the writ application.
(2.) By the order impugned, the learned Single Judge dismissed the writ application in limine granting liberty to the writ petitioners/appellants to file a statutory appeal before the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the said Act of 1972').
(3.) The appellants contended that the subject matter for adjudication before the learned Single Judge was whether the Assistant Teachers employed in D.A. getting Non-Government Educational Institutions were entitled to payment of gratuity under the said Act of 1972 or whether they would be governed by the Death-cum-Retirement Benefit Rules, 1981 and/or Recognized Non-Government Secondary Institution Pension Rules.;


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