Neutral Citation No. - 2025:AHC-LKO:45591 Court No. - 4 Case :- WRIT - A No. - 8271 of 2025 Petitioner :- Rajendra Bahadur Singh And 17 Others Respondent :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Basic Education And 5 Others Counsel for Petitioner :- Anil Kumar Upadhyay,Diksha Tiwari,Sanjana Upadhyay,Saurabh Upadhyay Counsel for Respondent :- C.S.C.,Abhinav Singh,Shailendra Singh Rajawat Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioners, Sri Pankaj Patel, learned Additional Chief Standing counsel appearing on behalf of the respondents no. 1 to 4, Sri Shashank, Advocate holding brief of Sri Abhinav Singh, learned counsel for the respondent no. 5 and Ms. Purnima Singh, Advocate holding brief of Sri S.S.Rajawat, learned counsel for the respondent no. 6. 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 :- 6.8.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench