ANURADHA GULATI Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) This writ petition is filed by one Ms. Anuradha Gulati, who was a teacher in the respondent no.2-Queen Mary's School. Petitioner resigned from service on 19.8.1997. Petitioner seeks payment of gratuity alongwith the interest. Relief is also claimed for leave encashment. Interest on the unpaid amounts under both heads is also prayed.

(2.) Payment of gratuity is covered by Section 4 of the Payment of Gratuity Act, 1972. By virtue of Section 4(1)(b) a person who resigns from service is entitled to gratuity. Computation of payment of gratuity is in terms of subSection 2 of Section 4 and which states that for each year of service 15 days of last drawn salary will be paid as gratuity. For calculating the period of one year any period served in excess of six months will be taken as one year.

(3.) It is not disputed that the petitioner worked as a teacher with the respondent no.2-school for 11 years. Therefore, in terms of Section 4(2) petitioner will be entitled to gratuity of 5 1/2 months of last drawn salary in view of the fact that the petitioner had worked for about 11 years. I cannot agree with the contention of the petitioner that 15 days salary is given for six months of service in view of the circular of the Director of Education dated 30.4.2004 because I do not find anything in the circular which overrides the statutory provision of Section 4(2) of the Payment of Gratuity Act, 1972. Also, a mere circular by a Government department cannot override a specific statutory provision.