KANTABEN CHHAGANLAL PATEL Vs. NALANDA KELVANI MANDAL

JUDGEMENT

(1.) In this petition, the petitioner who was working as a teacher in primary sec. of the respondent trust, has challenged the orders of the Controlling Authority as well as the Appellate Authority by which her claim for gratuity based on her last pay drawn of Rs.11,527.00 was rejected only on the ground that she has not shown enough evidence in terms of documents to show that she was entitled to gratuity based on that pay.

(2.) Ms.Mamta Vyas learned counsel for the petitioner would submit that the orders of the Appellate Authority dtd. 6/3/2019 and that of the Controlling Authority dtd. 6/8/2018, disentitle the petitioner for an additional amount of gratuity which is contrary to law. She would submit that entitlement of her salaries was a subject matter of litigation before the Tribunal till she retired on superannuation. Those orders were subject matter of Original Application No.65 of 1992 filed before the Gujarat Primary Education Tribunal, which, by an order of 3/3/1996 allowed the application ordering that the petitioner be paid salary as per Rules.

(3.) Failing to comply with the order the petitioner had to file an Execution Application No.14 of 1998 before the Tribunal. The management had thereafter challenged the order of Tribunal by filing Special Civil Application No.29011 of 2007 which was rejected by an order of 23/7/2015. An LPA being Letters Patent Appeal No.1289 of 2015 was also dismissed on 12/10/2015. It is the case of the petitioner that pending those litigations, the petitioner had approached the Controlling Authority at Mehsana by filing form "I" on 11/7/2014 and the gratuity was paid counting the salary as Rs.8113.00 rather than Rs.11,527.00.