Payment of gratuity to retired teachers in State of Uttar Pradesh

A Writ Petition bearing No. Writ A No. 5724 of 2024 was filed by Retired Teachers Welfare Association seeking payment of gratuity to the Petitioners who were teachers of Lucknow University as well as other Universities of the State of Uttar Pradesh. The matter was listed before the Hon’ble Allahabad High Court, Lucknow bench on 25.07.2024.

The Petitioners were led by Shri Sandeep Dixit, Senior Advocate, briefed by Shri Apoorva Bhumesh Advocate. Ld. Senior Shri Dixit explained the legal position with respect to payment of gratuity and its development specifically with respect to the teachers in an education institution. It was explained that the payment of gratuity for the teachers was notified vide Amendment Act 2009 under the Payment of Gratuity Act 1972 with effect from 03.04.1997. As such thereafter all teachers in an educational institution were eligible for gratuity at the time of their retirement.

It was argued that the teachers are eligible for payment of gratuity in terms of decisions of the Hon’ble Supreme Court of India viz., Independent Schools Federation of India vs UOI & Anr 2022 SCC Online SC 1113 and thereafter as observed in the recent final judgment and order dated 30.04.2024 in the case of Avdhesh Kumar Singh & Ors. vs. State of Uttar Pradesh & Ors. SLP (C) No. 23788/2014 wherein directions have been issued for the payment of gratuity to the Petitioners therein alongwith interest at 6 percent p.a. which was to be paid within a period of three months from the date of the Order i.e. 30.07.2024.

The Court thereafter granted time to the Counsel appearing for the State to seek instructions in the matter. The matter is next listed before the Hon’ble Court on 10.09.2024.