Allahabad High Court Rules Retirement Age Not Sole Factor for Gratuity Eligibility
The Allahabad High Court recently ruled in favor of Sehrun Nisha, stating that retirement at 60 years old does not automatically entitle an employee to receive gratuity. The decision was made by Justice J.J Munir in response to a petition filed by Sehrun Nisha against the rejection of her gratuity claim by the District Minority Welfare Officer in Prayagraj.
The petitioner, Sehrun Nisha, had sought gratuity after voluntarily retiring at the age of 57, but her claim was denied on the grounds that gratuity is only payable to those who retire at 60, or in cases of teachers who pass away before turning 60.
The court noted that government orders stipulate that teachers who do not complete ten years of service are not entitled to pension, but can receive gratuity if they retire at 60. However, the District Minority Welfare Officer failed to reconsider the matter despite being given the opportunity by the court.
The court emphasized that an employee’s age should be considered based on completed years, not days or months, and retirement at 60 does not automatically guarantee the right to gratuity. Additionally, the court criticized the interpretation of government orders by officials, stating that it showed a lack of understanding of the principles involved.
The court directed the Additional Chief Secretary (Secondary Education) in U.P, Lucknow to ensure that officials in the Department of Secondary Education do not misinterpret the rights of teachers regarding gratuity in the future. The Joint Director (Pension) and the District Minority Welfare Officer in Prayagraj were also instructed to take note of the court’s order and refrain from similar misinterpretations in the future.
Finally, the court quashed the previous order rejecting Sehrun Nisha’s gratuity claim and ordered the respondents to calculate and sanction her gratuity within 15 days, taking into account her completed years of service before retiring prematurely.
Click here to read the order.
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