Neutral Citation No. - 2025:AHC-LKO:42147 Court No. - 5 Case :- WRIT - A No. - 7978 of 2025 Petitioner :- Kamta Prasad Maurya And 19others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Basic.Edu. Lko And 3 Others Counsel for Petitioner :- Anil Kumar Upadhyay,Aayush Dwivedi,Diksha Tiwari,Sanjana Upadhyay,Saurabh Upadhyay Counsel for Respondent :- C.S.C.,Kumar Ayush Hon'ble Abdul Moin,J. 1. Heard. 2. With the consent of the parties, the matter is being decided finally. 3. The petitioners who are Assistant Teachers claim payment of gratuity under Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act, 1972'). 4. Learned Standing Counsel and Shri Kumar Ayush, learned counsel appearing for respondents state that this aspect of the matter has been considered by the Division Bench of this Court in Special Appeal No.41 of 2025 In Re Bindra Prasad Patel vs State of U.P. & Ors, decided on 08.07.2025 wherein Division Bench has held that the teachers (including Headmaster) of the basic school cannot be held to be an employee under Section 2(e) of the Act, 1972 and thus, the benefits available to an employee under the Act, 1972 would not be available to such a teacher. 5. Keeping in view the judgment of the Division Bench in the case of Bindra Prasad Patel (supra), no case for interference is made out. 6. The writ petition stands dismissed. Order Date :- 23.7.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench