High Court’s Important Decision: Not Filling The Option Is Not The Basis For Not Giving Gratuity

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The Allahabad High Court held that the payment of gratuity cannot be stopped even if the assistant teacher died before 60 years on the ground that he had not given the option of retiring at the age of 60 years. The court ordered all the petitioners in the case to pay gratuity at the rate of eight per cent within 6 weeks. This order was given by Justice Siddhartha while hearing 28 petitions together with Shikha Sharma, Manju Kumari.

It was argued on behalf of the petitioner that her husband died before his retirement. He did not exercise the option during the service. On this ground the DIOS refused to pay the gratuity. The petitioners challenged it in the High Court. The High Court observed that there are many such petitions in which the assistant teachers have not exercised the option.

The court said that non-execution of the option cannot be a ground for payment of gratuity. The petitioners should be paid their gratuity. Along with this, the court also quashed the order of DIOS and said that the gratuity of the teachers should be given within 6 weeks. Advocate Jeet Sharma himself appeared on behalf of the petitioner Manju Kumari.