SUSHILA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Kamal Kumar Kesherwani, Sri Akhilesh Kumar, Sri Awadh Narain Rai, learned counsels for the petitioners, Sri J.N. Maurya, learned Chief Standing Counsel assisted by Sri Chandan Kumar, learned Standing Counsel, Mrigraj Singh, Sanjay Kumar Singh and Sri Awadhesh Kumar, learned counsel for the respondents.

(2.) These three writ petitions were with consent heard together and are being disposed of by this common judgment.

(3.) The three petitioners here are the heirs of teachers who were working in educational institutions administered by the Board of Basic Education [Board]. Those teachers died while in service and prior to reaching the age of retirement. The age of retirement of teachers as prescribed in Rule 29 of the U.P. Basic Education [Teachers] Service Rules, 1981 [Teachers Rules] was initially fixed at 58 years. It was thereafter increased to 60 years. In terms of the Twelfth Amendment to those Rules introduced on 9 November 2011, the age of retirement was ultimately increased to 62 years. The teachers in respect of whom the petitioners assert a right to receive gratuity admittedly died before attaining the age of superannuation. Since the respondents had refused to accede or attend to that claim, they approached this Court and preferred the instant writ petitions. The respondents on instructions apprised the Court that they would not be entitled to receive gratuity since those teachers had not exercised an option to receive the same prior to their death.