SEHRUN NISHA Vs. STATE OF UP

JUDGEMENT

(1.) This writ petition is directed against the order dtd. 2/12/2023 passed by the District Minority Welfare Officer, Prayagraj, rejecting the petitioner's claim to gratuity on the ground that the petitioner has sought voluntary retirement at the age of fifty-seven years, whereas gratuity is payable only to those who opt to retire at the age of sixty years (as distinguished from those who opt to retire at the age of sixty-two years) and also in cases of teachers, who die before attaining the age of sixty years.

(2.) It is submitted that according to paragraph no. 4(1) of the Government Order dtd. 14/12/2011, it is provided that like civil service, governed by Article 474 of the Civil Service Regulations, those who do not complete ten years of qualifying service, are not entitled to pension but if they opt to retire at the age of sixty years, they are entitled to gratuity under the rules framed for the teachers serving in the aided Intermediate Colleges.

(3.) On 26/4/2024, this Court passed the following order: "