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Allahabad HC quashes Aligarh BSA order refusing to pay gratuity to teacher

The Basic Shiksha Adhikari, District Aligarh, is directed to compute the amount payable to the Petitioner towards gratuity quantified in accordance with the relevant Government Orders

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The Allahabad High Court recently quashed the order of the Basic Shiksha Adhikari, District Aligarh refusing to pay gratuity for not providing retirement option in 60 years. 

A single-judge bench of Justice Salil Kumar Rai passed this order while hearing a petition filed by ​​Pradeep Kumar.

The writ petition has been filed challenging the order No. B./M./S.N. 25453-60/2020-21 passed by the Basic Shiksha Adhikari, District Aligarh. The facts of the case are that Pushpa Devi Varshney, the wife of the petitioner, was appointed as Assistant Teacher in Shri Vishambhar Sahay Arya Kanya Vidyalaya, Kajimabad, District Aligarh on July 2, 1990 and continued as such till her death on July 9, 2013 while still in service.

It has been stated in the supplementary affidavit that the date of birth of the wife of the petitioner was May 7, 1961 and the high- school certificate of the wife of the petitioner is available in support of the contention.

The petitioner applied for payment of gratuity due to his wife but the same has been rejected by the order on the ground that the wife of the petitioner while still in service had not opted for retirement at the age of 60 years.

The application for payment of gratuity filed by the petitioner was rejected on the aforesaid ground and no other ground has been given for rejecting the application of the petitioner.

The order does not dispute the date of birth of the wife of the petitioner, the appointment of his wife and her death on July 9, 2013 while still in service.

It is evident from the date of birth of the wife of the petitioner that if she had been alive, she would have retired in 2021 if she had opted for retirement at the age of 60 years.

The Basic Shiksha Adhikari, District Aligarh, is directed to compute the amount payable to the petitioner towards gratuity quantified in accordance with the relevant Government Orders and release the amount within a period of three months from the date a copy of this order is produced before him along with an interest at the rate of 8% per annum from the date of filing the application for gratuity till the amount is actually disbursed, ignoring the fact that the wife of the petitioner had not opted for retirement at the age of 60 years.

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