KEDAR RAM Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused the record of the case.

(2.) None appears on behalf of B.S.A. although name of Mr. B.P. Singh, learned counsel for the B.S.A. has been shown in the cause list.

(3.) It is the case of the petitioner that he was working as Head Clerk in the Office of Sub Deputy Basic Education Officer, Azamgarh and retired on 31/3/2006 after attaining the age of 60 years. The petitioner had submitted his option to retire at the age of 60 years, therefore, he was covered under the Government Order dtd. 16/9/2009 which was issued accepting the recommendation of the Pay Commission revising the rates of pension/gratuity/family pension and commutation of pension in relation to teachers and employees of the Basic Education Board retiring on 1/1/2006 or thereafter. Paragraph 4(1) of the said government order provides that such teaching/non-teaching employees who retired before completing 10 years of qualifying service though not entitled to get pension like government servants, would be entitled to receive gratuity, if they retired on attaining the age of 60 years. Paragraph 4(4) of Government Order dtd. 16/9/2009 clarifies that teaching/non-teaching employees who retired on 1/1/2006 or thereafter would be governed by Pension Rules which were applicable before the issuance of the Government Order dtd. 16/9/2009. Before such Government Order dtd. 16/9/2009 was issued, there was Government order dtd. 30/7/2007 which sanctioned benefit of gratuity to those working/left out non- teaching staff of different offices of the Basic Education Board who had retired at the age of 60 years. The Government had decided to extend the benefit of gratuity to all working/left out non-teaching staff who had opted for retirement at the age of 60 years.