The Allahabad High Court has recently held that an employee cannot be deprived of his right due to delay in filling the option for gratuity a year before retirement. The division bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal passed this order while hearing the petition filed by one Muharpal Singh.
From bare perusal of Government orders, the court observed that the option for gratuity could be exercised by an Assistant Teacher a year before attaining the age of superannuation.
In the present case, the petitioner was to retire on June 13, 2013 and he submitted the option on September 26, 2012 instead of submitting it by July 1, 2012. Thus, there has been a delay of about three months in submitting the option, the court observed.
The Court held the petitioner could not be denied his right only on account of the little delay in submission of the option in view of the law laid down by the Supreme Court in the case of Sri Damodar Mathpal.
The Court granted three weeks and no more time to file counter-affidavit in which the respondents shall specifically state as to whether the petitioner is entitled for acceptance of his option, in view of the Government Orders as well as the order of the Supreme Court in the case of Sri Damodar Mathpal. The Court has listed the matter on January 18, 2022 for further hearing.