SATTAR KHAN Vs. STATE OF U P

JUDGEMENT

(1.) While entertaining the writ petition following orders were passed on 12.9.2019:-

(2.) Learned Standing Counsel has obtained instructions from the Chief Development Officer, Jalaun at Orai, according to which, the petitioners were absorbed in the employment of Rural Development Department on 18.7.2016 and since a period of five years has not been completed on the date of petitioners' superannuation i.e. 31.5.2019, as such, petitioners are not entitled to payment of gratuity.

(3.) The question, as to whether, payment of gratuity can be restricted only to the period after absorption of the employee concerned came up for consideration before this Court in the case of Bhaskar Bhattacharya (supra). After examining the relevant government orders, this Court proceeded to observe as under:-